2014年2月11日，中华人民共和国商务部（以下简称“商务部”）发布了期待已久的《关于经营者集中简易案件适用标准的暂行规定》（以下简称“规定”），并于2014年2月12日正式开始实施。该规定明确了认定简易案件的具体标准，但并未涉及相应的程序规定。本文将对简易案件的认定标准做具体分析，讨论该规定将如何改变目前中国对经营者集中案件的审查程序，并试图探讨暂未公布简易案件相应程序规定的原因。
Continue Reading 商务部在简易程序制度建设上迈出的重要一步：实施简易案件适用标准
MOFCOM Takes a Major Step towards a Simplified Merger Control Procedure by Promulgating the Standards for Simple Cases
By Susan Ning, Hazel Yin and Zheng Ziqing King & Wood Mallesons’ Antitrust & Competition Group
On February 11, 2014, China’s Ministry of Commerce (MOFCOM) published the long-awaited Interim Provisions on the Standards for Simple Cases of Concentrations of Operators (the Provisions), which came into effect on February 12, 2014. The Provisions set forth the substantive criteria for determining which case may be treated as a simple case, yet the procedural rules are still missing. This article provides an analysis of the standards, discusses how the Provisions will change the current review process and explores the reasons for the lack of procedural rules.
Continue Reading MOFCOM Takes a Major Step towards a Simplified Merger Control Procedure by Promulgating the Standards for Simple Cases
AMB Director Shang Ming Speaks on Merger Enforcement in 2011
By Susan Ning, Liwei Wang and Hazel Yin
On 27 December 2011, the Ministry of Commerce ("MOFCOM") made a press release on its major merger enforcement work in 2011.1 Mr. Shang Ming, Director General of MOFCOM’s Anti-monopoly Bureau and Chairman of the General Office of the State Council’s Anti-monopoly Commission, gave a briefing at the press release and responded to press inquiries.
According to Mr. Shang, from January to mid-December, 2011, MOFCOM received a total of 194 merger control filings, an increase of 43% compared to the same period last year. Among the received filings, 179 filings have been accepted and 160 filings have been reviewed and closed.
Of the 160 closed cases, 151 cases were granted unconditional approval (94%), 4 cases were granted conditional approval (3%), and 5 cases were withdrawn by the applicants after case acceptance (3%). A breakdown of the filings by the industrial classification for national economic activities is as follows:Continue Reading AMB Director Shang Ming Speaks on Merger Enforcement in 2011