This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.

On 2 September 2011, China’s Ministry of Commerce (MOFCOM) published Provisional Rules on the Assessment of the Competitive Effects of a Concentration of Business Operators (Announcement [2011] No. 55, the Rules). They entered into force on the same day. The Rules have confirmed in writing the methodology which MOFCOM has been adopting for the last three years when conducting its competitive analysis of business concentrations. However, the Rules simply provide a list of criteria that MOFCOM employs when assessing concentrations without giving much additional guidance on them. In publishing these Rules, MOFCOM could have given greater explanation and clarity as to how it conducts its review of business concentrations. Instead, MOFCOM has left it to competition law practitioners and

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.