MOFCOM Passed Provisional Rule on Failure to Notify on Concentrations

On December 7, the Provisional Measures on Investigating and Penalizing Violation of Notification Obligations for Concentrations between Business Operators (Provisional Measures) were reviewed and discussed at the No. 57th Ministerial Affairs Meeting of the Ministry of Commerce (MOFCOM) and were passed in principle.¹

It was discussed at the meeting that currently companies frequently ignore their merger control notification obligations under the Anti-Monopoly Law which has caused negative social impact. Under such circumstances, the Provisional Measures are expected to strengthen MOFCOM's enforcement in relation to investigation and punishment for those companies who fail to honor their notification obligations.