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Briefing Note: Updates of Merger Policy Initiatives and Cases
Authored by Dr. Zhan Hao (zhanhao@anjielaw.com), Dr. Annie Ying Xue (xueying@anjielaw.com)
The Chinese merger review agency, Ministry of Commerce (MOFCOM), has been active in releasing draft merger regulations for public comments and conditionally approving merger deals.
1. MOFCOM Solicitation for Public Comment on the Interim Provisions on the Applicable Standards in Simple Cases of Concentrations of Undertakings (Consultation Draft)
On April 3, 2013, MOFCOM released the Interim Provisions on the Applicable Standards in Simple Cases of Concentrations of Undertakings (Consultation Draft) (Draft Standards) for public comment. The consultation period ended on May 2, 2013.
The Draft Standards is a follow-up action of an announcement of the policy initiative regarding simplified procedures for certain mergers by MOFCOM in 2012. It is noteworthy that the proposed rules merely deal with the definition of simple cases, and do not touch on procedural issues.
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