The Chinese Antitrust Authority provides guidance for merger review process under the new anti-monopoly law

The China Ministry of Commerce (« MOFCOM »), which serves as the antitrust authority in charge of merger control under the new Anti-Monopoly Law (« AML ») [1], which provides insights of Mr. Shang Ming, Director General of MOFCOM's Anti-Monopoly Bureau (« AMB »), into MOFCOM's ongoing formulation of its policies and practices. The following seeks to capture the substance of the MOFCOM Q&A document and comments on the insights provided by the Q&A. I. When Will the Filing Be Accepted as « Complete »? Under the AML, first-stage review may take up to 30 days from the date MOFCOM accepts the filing as « complete. » The date that MOFCOM deems the filing to be complete is therefore critical for timing. Article 23 of the AML provides that the notifying party shall submit the following

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Authors

  • Jones Day (Beijing)
  • Jones Day (Beijing)
  • Winston & Strawn (Washington)

Quotation

Peter J. Wang, Yizhe Zhang, Stephen Harris, The Chinese Antitrust Authority provides guidance for merger review process under the new anti-monopoly law, 18 November 2008, e-Competitions November 2008, Art. N° 33807

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