MOFCOM Clarifies Chinese Merger Review Procedures

On November 27, 2009, the Anti-monopoly Bureau of the Chinese Ministry of Commerce (MOFCOM) released the Measures on the Notification of Concentrations of Business Operators (the "Notification Measures") and the Measures on the Review of Concentrations of Business Operators (the "Review Measures").^[1] Initial drafts of both measures had previously been released for public comment by MOFCOM in January 2009.^[2] The Legislative Affairs Office of State Council (SCLAO) circulated revised drafts for further comment in March 2009.^[3]

The new measures comport with prevailing international practices on many technical and conceptual issues, often codifying MOFCOM's existing practices or incorporating the suggestions from public comments. The final measures formally resolve many basic questions concerning the applicability and administration of the merger review provisions of the Anti-monopoly Law of the PRC.^[4] Nevertheless, many key questions have been deferred to future