Legislation roundup: Simple competition cases, new e-commerce law and foreign investment project approval

Competition

Ministry of Commerce, Tentative Provisions on the Criteria Applicable to Simple Cases of Concentrations of Business Operators
商务部关于经营者集中简易案件适用标准的暂行规定

Where the business operators involved in a concentration are not in the same relevant market and are not in an upstream-downstream relationship, and where their shares of each market relevant to the transaction are less than 25%, the case may be handled as a simple case. This simple case criterion differs from that of the law draft published earlier.

See the full translation.
See the digest for more details.

Further reading
Tentative Provisions on the Criteria Applicable to Simple Cases of Concentrations of Business Operators (Draft for Comments)
PRC Anti-monopoly Law


TMT

State Administration for Industry and Commerce, Measures for the Administration of Online Transactions
国家工商行政管理总局网络交易管理办法

When an online goods dealer sells its goods, consumers have the right to return the goods within seven days from the date of receipt thereof, no questions asked. Online dealers in goods, relevant service providers and their working personnel must strictly maintain the confidentiality of collected consumers' personal information, and may not disclose, sell or illegally provide the same to others. They are required to take technical and other necessary measures to ensure information security.

Full translation available in April

Further reading
PRC Electronic Signatures Law
What the consumer protection law means for foreign businesses
PRC Protection of the Rights and Interests of Consumers Law


Foreign investment

National Development and Reform Commission, Measures for the Administration of the Check and Approval and the Record Filing of Foreign-invested Projects (Draft for Comments)
国家发展和改革委员会外商投资项目核准和备案管理办法 (征求意见稿)

According to the Draft, the administration of foreign-invested projects is divided into the check and approval method and record filing method. Projects in the encouraged category with a total investment (including capital increases) of less than US$300 million requiring control (including relative control) by the Chinese party in accordance with the Foreign Investment Industrial Guidance Catalogue are subject to the check and approval of the local government.

See the digest for more details.

Further reading
Foreign Investment Industrial Guidance Catalogue (Amended in 2011)
List of Investment Projects Subject to Government Check and Approval (2013)