The Anti-Monopoly Bureau (“AMB”) of China’s Ministry of Commerce (“MOFCOM”) recently published seven sets of guidelines and regulations that provide further detail on implementation of the Anti-Monopoly Law (“AML”), which went into effect August 1, 2008. As described below, the guidance clarifies the circumstances in which a transaction must be notified, provides procedural details for compiling a notification, and explains the approach to market definition that will be used in merger and non-merger cases. Two “Guidance Opinions” took effect immediately upon publication; the other guidance remains in draft and subject to public comments. This is the second time that the AMB has invited public comment on draft guidelines – a welcome sign of the AMB’s interest in thorough vetting and
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The Chinese MOFCOM Anti-Monopoly Bureau publishes sets of guidelines and regulations providing further detail on implementation of the Anti-Monopoly Law
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