The Anti-Monopoly Law (the "Law") of the People's
Republic of China ("PRC") came into effect on 1 August
2008. Two days later, the State Council promulgated the
"Regulations of Filing Standards for Concentrations of
Operators" (the "Regulations") to provide the
thresholds above which operators must report business concentration
to the Anti-Monopoly Bureau of the Ministry of Commerce (the
"MOFCOM").
Definition of "Concentration"
Under Article 20 of the Law, concentration of operators refers
to the following situations :-
- merger of the operators;
- an operator acquires the controlling interest of other
operator(s) through acquiring its shareholding or its assets;
- an operator acquires the controlling interest or is able to
exert influence on the decision of another operator(s) through
contractual arrangement etc.
