On 3 June 2011, the Ministry of Commerce
(MOFCOM) published, for public comments, draft
rules which explain how MOFCOM will evaluate concentrations
pursuant to the merger control regime. These rules are entitled
"Provisional Rules on the Assessment of the Effects of
Concentrations on Competition" (Draft
Rules). The public has been invited to submit comments on
these Draft Rules by 13 June 2011.
In fact, Article 27 of the Anti-Monopoly Law
(AML) outlines a list of factors that MOFCOM would
take into account, when assessing concentrations. These are: (a)
the market shares of the business operators involved in the
concentration and their control over the market; (b) the degree of
market concentration; (c) the impact of the concentration of
business operators on market entry and technological advancement;
(d) the impact of the concentration on consumers and other relevant
business operators; (e) the impact of the concentration of business
operators on the development of
