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ARTICLE · 10 APRIL 2013

MOFCOM Requests Public Comments On Draft Provisions Related To Remedies Imposed In Conditional Approvals

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Since the Anti-monopoly Law has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences.

United StatesAntitrust/Competition Law
Yasue (Becky) Nao Koblitz
Yasue (Becky) Nao Koblitz
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Since the Anti-monopoly Law ("AML") has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences that, from MOFCOM's perspective, could arise as a result of the transaction. On March 27, 2013, the Ministry of Commerce ("MOFCOM") requested public comments by April 26, 2013 on draft provisions (for unofficial translation by SMRH, please see  here) concerning the evaluation, negotiation, implementation, monitoring, reconsideration of the remedies used in the conditional approvals issued as a result of the pre-merger review process as well as related sanctions. Once the draft provisions are finalized, they will replace the 2010 interim provisions on the acquisition and divesture of assets.

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