The Chinese MOFCOM issues new measures on investigating failures to notify concentrations

On 5 January 2012, the PRC Ministry of Commerce (“MOFCOM”) published on its website the long-awaited Interim Measures on Investigation into and Handling of Concentrations of Business Operators that have not been Notified in Accordance with Laws (the “Measures”). The Measures set out details of the process for investigating a failure to notify concentrations and also facilitate the enforcement of Article 48 of the PRC Anti-monopoly Law (“AML”). With procedures now in place, MOFCOM is likely to impose its first sanction for failure to notify in the near future. It remains to be seen whether MOFCOM will impose sanctions in relation

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Authors

  • Linklaters (Beijing)
  • Linklaters (Shanghai)
  • Euclid Law (London)
  • Linklaters (Brussels)

Quotation

Yuan Cheng, Simon Poh, Robert Gavin, Jonas Koponen, The Chinese MOFCOM issues new measures on investigating failures to notify concentrations, 5 January 2012, e-Competitions Bulletin January 2012, Art. N° 41758

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