The Chinese State Council seeks comments on draft rules for merger control filings

The PRC Anti-monopoly Law (promulgated on 30 August 2007 and effective on 1 August 2008) regulates monopolistic conduct which has the effect of eliminating or restricting market competition within the PRC. One type of monopolistic conduct regulated by the PRC Anti-monopoly Law (the "AML") is the concentration of undertakings that has or may have the effect of eliminating or restricting competition. A concentration of undertakings may not be implemented when the concentration reaches the notification thresholds set by the State Council unless a clearance is granted by the anti-monopoly law enforcement authority under the State Council after a prior notification is filed. The Legislative Office of the State Council has now issued the Draft Provisions to, amongst other things, clarify the