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ARTICLE · 29 APRIL 2014

Another Small Step Forward: China Further Clarifies Its Notification Procedure For Simple M&A Transactions

Morrison Foerster
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Earlier this year, China’s Ministry of Commerce implemented new regulations under the Anti-Monopoly Law.

ChinaAntitrust/Competition Law

Earlier this year, China's Ministry of Commerce ("MOFCOM") implemented new regulations under the Anti-Monopoly Law ("AML") enabling "simple" M&A and joint venture transactions to be eligible for a potentially shorter and less burdensome "summary procedure." (See our prior alert here on the Tentative Provisions on the Applicable Standards Relating to the Summary Procedure for Cases of Concentration of Business Operators (关于经营者集中简易案件适用标准的暂行规定; "Tentative Summary Procedures"). MOFCOM has recently issued additional procedural rules (i.e., the Guiding Opinion on Filing of the Simple Cases of Concentration of Business Operators (Trial) (关于经营者集中简易案件申报的指导意见(试行 ), "Guiding Opinion"), as well as a simplified notification form and a "public notice" form, to clarify certain aspects of the operation and requirements of this new summary procedure.

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