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ARTICLE · 16 JULY 2008

New Rules Proposed For Chinese Merger Control

Fried Frank Harris Shriver & Jacobson
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Important changes are expected in the operation of the Chinese merger control regime.

ChinaAntitrust/Competition Law
Michael Hickman
Michael Hickman
Richard Steinwurtzel
Richard Steinwurtzel
Liang Tsui
Liang Tsui

Important changes are expected in the operation of the Chinese merger control regime. The Standing Committee of the National People's Congress in the People's Republic of China ("PRC") adopted its first comprehensive antitrust law, the Anti-Monopoly Law ("AML"), in August of 2007, including an antitrust review regime for mergers and acquisitions. The AML will become effective on August 1, 2008, and will bring about wide-ranging changes. This client alert serves as a short overview only of just one aspect of the changes, namely, the proposed merger control rules and merger review process. Existing merger control rules, which have been applicable only to foreign companies and have had no formal enforcement mechanism, will be replaced. To this end, the Legislative Affairs Office of the State Council of the PRC recently issued a Draft Regulation on Notification of Concentration of Undertakings (the "Draft

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