Operator's Concentration Filing Measures - 经营者集中申报办法
Released on November 27, 2009, and effective on January 1, 2010
The Ministry of Commerce (MOFCOM) on November 27, 2009, issued the Measures on the operator's concentration filing, which were to take effect on January 1, 2010. These Measures address:
· Restating three circumstances as to what the operator's concentration is according to PRC Anti-monopoly Law (AML);
· Further technically clarifying that what the turnover standard of the operator's concentration filing shall include;
· Where the concentration is carried out through merger, the operator participated in the concentration shall file to the MOFCOM. Where the concentration is carried out through other means, the operator that has the controlling power or the operator that can execute decision-making impact shall file to the MOFCOM and other operators shall assist;
· There is a number of required documents for application;
· The operator shall be responsible for submitting complete and correct documents. If the documents are found to be incomplete, MOFCOM will ask the operator to supplement them. If the operator fails to do so, it shall be deemed as not having applied for operator's concentration;
· MOFCOM shall open the operator's concentration filing case only if the application voluntarily filed by the operator is considered to have concentration effect. During the application and filing period, the operator can decide whether or not to pause the concentration transaction. If he does this, he will be liable for it.