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ARTICLE · 21 APRIL 2013

MOFCOM Invites Comments On Draft Regulations On Simple Merger Cases - What Procedural Benefits Will Simple Merger Cases Have?

Mayer Brown
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The draft "Interim Regulations on Standards for Simple Cases of Concentrations of Business Operators" was published for comment.

ChinaAntitrust/Competition Law
John Hickin
John Hickin
Hannah Ha
Hannah Ha
Philip Monaghan
Philip Monaghan
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Keywords: MOFCOM, draft regulations, merger cases

The draft Interim Regulations on Standards for Simple Cases of Concentrations of Business Operators (Draft Simple Cases Regulations) was published for comment on the website of the Ministry of Commerce (MOFCOM) on 3 April 2013. The deadline for submitting comments on the Draft Simple Cases Regulations is 2 May 2013.

The Draft Simple Cases Regulations is a pared down and somewhat less ambitious version of MOFCOM's draft Interim Provisions on the Classification of Concentrations of Business Operators (Draft Classification Provisions) published in May of last year. By spelling out the categories of cases that merit an accelerated or simplified review procedure, the new draft is a step in the direction of a fast-track procedure for straight-forward cases. The Draft Simple Cases Regulations is however silent on the procedural benefits of a case being classified as "simple" and notifying parties will therefore have to

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