Operator's Concentration Examination Measures - 经营者集中审查办法
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 examination, which were to take effect on January 1, 2010. These Measures address:
· MOFCOM is the enforcement organ responsible for anti-monopoly examination of operator's concentration filing;
· The operator shall submit application documents in writing if it requests revoking the operator's concentration filing before the MOFCOM's examination decision is made. Apart from giving up concentrated transaction, the revocation application shall be approved by MOFCOM;
· These Measures establish a "Hearing" mechanism when MOFCOM is examining the operator's concentration filing;
· Based on the PRC Anti-monopoly Law (AML), if MOFCOM decides not to further examine the operator's concentration application or doesn't make any decision overduely, the operator can carry out the concentration;
· Where upon further examination, the MOFCOM will provide the operator with a reasonable period of writing argumentation if MOFCOM considers the operator's concentration is of, or may be of, eliminating or restricting from competition. If the operator doesn't provide the argumentation stuff, overduely, the operator is deemed to agree with the MOFCOM's opinion;
· During the examination procedure, in order to eliminate or decrease the concentration effect of being, or possibly of being, eliminating or restricting from competition, the operator can put forward opinion containing readjusted restricted conditions of concentration transaction schedule;
· MOFCOM is required to make the decision of whether or not prohibiting the operator from being concentrated and notify the operator in writing. And MOFCOM can add the restricted conditions to the operator that is not prohibited from concentration that might be unfavorable to the competitors; and
· These Measures also establish the report system by the operator that is allowed to be concentrated with restricted conditions within a given period set by the MOFCOM.