China Proposes New Antitrust Regulations For Mergers January 2009

On January 19 and 20, 2009, the Anti-Monopoly Bureau ("AMB") of the Chinese Ministry of Commerce ("MOFCOM"), the Chinese government authority charged with reviewing antitrust notifications of M&A transactions, proposed four new regulations related to China's Anti-Monopoly Law ("AML") and its merger review process. MOFCOM is accepting comments on the proposed regulations until February 16.

The proposed regulations provide additional clarity on several important issues relating to China's merger enforcement powers, its pre-merger notification requirements and review process, and the investigation procedures it will employ. While the proposed regulations are generally consistent with the merger review process in other jurisdictions, there are some important differences. The final version of the regulations may reflect changes in response to public comments, and provide additional insight into China's merger review process.