The Chinese State Administration for Market Regulation consolidates previous merger control guidance in its new Interim Provisions on Undertaking Concentration Examination

On 27 October 2020, China’s State Administration for Market Regulation (SAMR) issued the Interim Provisions on Undertaking Concentration Examination (Provisions), which will come into force on 1 December 2020. As well as consolidating previous guidance published by its predecessor, the Ministry of Commerce (MOFCOM), the Provisions further clarify many aspects of the merger control regime under the Anti-Monopoly Law (AML). In this e-bulletin, we will walk though some of the key aspects of the Provisions, focusing on changes introduced by the Provisions. We will also highlight differences from the earlier draft of the Provisions published for consultation on 7 January 2020. Background In its press release, SAMR explained that the Provisions are intended to consolidate the various