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ARTICLE · 17 JULY 2013

New MOFCOM Guidelines On Simple Mergers And On Remedies

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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MOFCOM has released two draft regulations for public comments, aimed at streamlining and clarifying its merger review process.

NetherlandsCorporate/Commercial Law
Geert Potjewijd
Geert Potjewijd
Yi Duan
Yi Duan
Sjoerd Van Elferen
Sjoerd Van Elferen
Renee Xu
Renee Xu
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MOFCOM has released two draft regulations for public comments, aimed at streamlining and clarifying its merger review process. The first is the Simple Mergers Regulation, which addresses the types of mergers which would be considered as raising little or no significant competition issues. The second is the Restrictive Conditions Regulation, which addresses structural, behavioural and hybrid remedies for concentrations.

Simple Mergers Regulation

The Simple Mergers Regulation is a first step towards the creation of a simplified procedure for cases that are not likely to raise competitive concerns. The transactions that will be regarded as "simple" are:

  • Mergers between competitors if the combined market share is below 15%

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