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ARTICLE · 25 APRIL 2013

MOFCOM Consults On Comprehensive Draft Merger Remedies Regulation – What Is MOFCOM's Preference: Structural, Behavioural Or Hybrid?

Mayer Brown
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As part of a continued move toward greater transparency in China’s merger control regime, the Chinese Ministry of Commerce published for public comment on 27 March 2013 draft "Regulations on the Imposition of Restrictive Conditions on Concentrations of Business Operators",

ChinaAntitrust/Competition Law
Hannah Ha
Hannah Ha
John Hickin
John Hickin
Philip Monaghan
Philip Monaghan
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Keywords: MOFCOM, restrictive conditions, business operators

As part of a continued move toward greater transparency in China's merger control regime, the Chinese Ministry of Commerce (MOFCOM) published for public comment on 27 March 2013 draft Regulations on the Imposition of Restrictive Conditions on Concentrations of Business Operators (Draft Restrictive Conditions Regulations). The consultation closes on 26 April. The new draft rules are comprehensive in scope and largely in line with mainstream international practice – notably in the EU.1

A significant expansion on MOFCOM's existing remedy framework

Intended to update and ultimately replace MOFCOM's Interim Measures for the Divesture of Assets or Businesses when Implementing Concentrations of Business Operators (2010), the Draft Restrictive Conditions Regulations represent a significant expansion on MOFCOM's existing guidance on merger remedies and offer greater certainty from a procedural point of view as

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