Provisions on the Reporting Threshold for Concentrations of Business Operators: Notification Instruction for China's Anti-Monopoly Law
By Ron Cai, Kevin Moore and Ning Ding
On Aug. 3, 2008, two days after implementation of the PRC Anti-Monopoly Law, China's State Council promulgated and effected the Provisions on the Reporting Threshold for Concentrations of Business Operators (the “Rules”). The Rules clarify uncertainty arising from the Anti-Monopoly Law (the “AML”) while neglecting other issues, such as undefined key terms used in the AML. (Please see our earlier Preview of China's New Anti-Monopoly Law.)
By replacing the AML's hollow notification provision with the threshold laid out under the Rules, business operators can now better comply with and anticipate China's anti-trust policy and regulatory schemes. In this advisory, we define the concentration notification threshold stipulated in the Rules and offer some guidance and foresight. Continue reading...
