State Council, Provisions on the Thresholds for Filing of Concentrations of Business Operators (Amendment Draft for Comments)

国务院关于经营者集中申报标准的规定 (修订草案征求意见稿)

July 22, 2022 | BY

Susan Mok

SAMR proposes to raise the thresholds for concentration filings

Issued: June 27, 2022

Main contents: The requirements for global total turnover, total mainland China business turnover and mainland China business turnover of a single party are increased from the current RMB 10 billion, RMB 2 billion and RMB 400 million to RMB 12 billion, RMB 4 billion and RMB 800 million respectively. In principle, filings need not be carried out for concentrations of business operators falling below these thresholds (Article 3).

With respect to an enterprise with a mainland China business turnover of more than RMB 100 billion that is to acquire a business operator of a market value (or assessed value) of at least RMB 800 million and more than one third of its business turnover is from mainland China, it shall be subject to a review if a concentration is constituted (Article 4).

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