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SAMR Solicits Comments on Interim Provisions on Examination of Concentrations of Undertakings
Tue Feb 18 14:50:00 CST 2020 Published by:Editor

The State Administration for Market Regulation ("SAMR") has recently issued the Interim Provisions on Examination of Concentrations of Undertakings (Draft for Comment) (the "Draft for Comment") for public comments by February 7, 2020.

 

According to the Draft for Comment, regarding the declaration of a concentration of undertakings, the turnover shall include the revenue obtained by related undertakings from sale of products and provision of services during the preceding accounting year, exclusive of relevant tax payments and the associated surcharges. Prior to the formal declaration, undertakings participating in a concentration may apply with the SAMR for consultations on issues related to the declaration of such concentration. The Draft for Comment prescribes that the SAMR shall, within the time limit specified in Article 26 of the Anti-Monopoly Law, decide on whether to prohibit the proposed concentration of undertakings and notify the declarant in writing of its decision. In case the proposed concentration of undertakings is not banned, the SAMR may decide to impose additional restrictive conditions to mitigate the negative effects caused by such concentration on competition. Furthermore, the Draft for Comment clearly states that any entities and individuals shall have the right to report to the SAMR any suspected concentrations of undertakings, adding that the SAMR shall keep the information on whistleblowers confidential.

 

(Source: State Administration for Market Regulation)


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