MOFCOM's New "Simple Case" Filings And Its Enhanced Enforcement Mechanisms

The Ministry of Commerce ("MOFCOM") and its Anti-Monopoly Bureau (the "AMB") have streamlined filing requirements for concentrations of undertakings that are found to be "simple cases". This welcome development should help to reduce filing costs and will hopefully lead to expedited review. Shortly after these developments, MOFCOM also announced that it would commence publishing administrative penalty decisions relating to failures to file. This Haiwen Alert outlines the criteria for "simple cases" and notes the possible deterrent effect of systematically publishing penalty decisions.

The new "simple cases" regime came into effect on February 12, 2014. The rules are set out in the Interim Regulations on the Standards Applicable to Simple Cases of Concentrations among Business Operators (the "Interim Regulations"). On April 18, 2014, the AMB provided additional guidance in its Guiding Opinions on the Notification of Simple Cases of Concentrations among Business