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
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
August 1st, 2008 marks the fifth anniversary of China’s Anti-Monopoly Law (“AML”). Along with debates and controversies, the AML is gradually taking root and has contributed to shaping the economic landscape and competition status in China.
During the past 5 years, the Ministry of Commerce (“MOFCOM”), the authority in charge of merger control, has cleared more than 640 cases, including 19 cases that were cleared with conditions and 1 case that was denied.1 MOFCOM has been making continuous progress in improving its enforcement capabilities, which are highlighted by the increasingly mature merger remedy regime. This article presents an overview of the merger control regime, in particular the merger remedies regime in China from the perspective of practitioners.
Continue Reading Review of Merger Control and Merger Remedies Regime in China: From 2008-2013