Update On Merger Control Filing Under New Anti-Monopoly Law In China

An amendment to the Anti-Monopoly Law (AML) of China came into force on the 1 August 2022. The Amendment sets out changes and improvements to the merger control filing regime together with the Regulations on the Examination of Concentration of Business Operators (Draft for Comment) (ECBO).

I. Threshold for Merger Control Filing

According to Article 25(3) of the AML, the first condition triggering a merger control filing is that an operator obtains control over other operators through contracts or other means, or can exert decisive influence over other operators.

The draft ECBO further elaborates on the elements of "exert decisive influence":

1. Holding direct or indirect voting rights or similar interests in other business operators;