Amendments to the Anti-Monopoly Law (AML) by the Standing
Committee of the National People's Congress took effect on 1
August. The State Administration for Market Regulation (SAMR) also
issued six draft anti-monopoly guidelines for comments on 27 June.
Based on the amended AML and SAMR drafts, the authors offer
compliance advice and analyse conditions triggering a merger
filing, penalties for "gun jumping", and other practical
issues.
In most cases, a merger filing is necessary when a transaction
constitutes a concentration of undertakings and the turnover
criteria are met.
CONCENTRATION OF UNDERTAKINGS
Under the existing AML, a concentration of undertakings occurs
when:
