Path towards A More Streamlined Merger Control System – MOFCOM Publishes Draft Rules on Merger Remedies

To increase clarity and transparency on the merger remedy regime under the Anti-Monopoly Law ("AML"), China's Ministry of Commerce ("MOFCOM") published the draft Rules Regarding Imposition of Restrictive Conditions on Concentrations of Undertakings (the "Draft Rules") on 27 March 2013 for public comments.

Under the AML, MOFCOM may attach restrictive conditions to reduce the negative impact a concentration of business operators will bring on competition in the relevant market. On 5 July 2010, MOFCOM published the Provisional Rules on Divestiture of Assets or Business to Implement Concentrations of Undertakings (the "Divestiture Rules") which was the first set of rules specifically dealing with divestiture remedies. The Draft Rules are intended to cover not only divestiture, but also conduct remedies and will replace the Divestiture Rules once adopted.