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ARTICLE · 19 SEPTEMBER 2010

Merger Control Review 2009 - China

In China, pre-merger notification is required when the entities participating in the merger possess a certain amount of turnover. Specifically, pre-merger notification is mandatory when, during the previous fiscal year.

ChinaCorporate/Commercial Law

I INTRODUCTION

The following two authorities deal with mergers:

a. the Anti-Monopoly Bureau within the Chinese Ministry of Commerce ('Mofcom') is the authority responsible for reviewing and clearing merger filings; and

b. the Anti-Monopoly Commission (a division of the State Council) is the authority responsible for formulating and issuing merger guidelines (it is also the coordinating government agency between Mofcom and the two other antitrust enforcement agencies, the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC)).

In China, pre-merger notification is required when the entities participating in the merger possess a certain amount of turnover. Specifically, pre-merger notification is mandatory when, during the previous fiscal year:

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