CHINA Law and Practice Contributed by: Liu Cheng and Li Yumeng (Audrey), King & Wood Mallesons
For simple cases during the public notice peri - od, third parties may submit written opinions to SAMR as to whether the simplified procedure should be applied to the case in question, and provide relevant evidence and contact informa - tion. 7.2 Contacting Third Parties SAMR may solicit opinions from third parties at its discretion. This is more common when cases are filed under the normal procedure. This may take the form of written solicitations, symposi - ums, demonstration meetings, questionnaires, consultations, on-site surveys, etc. SAMR will evaluate the effectiveness, feasibility and timeli - ness of the remedies offered by the parties. In its evaluation, SAMR may carry out market tests to solicit opinions from third parties on the pro - posed remedies. If SAMR deems that the reme - dies offered would not reduce the adverse effect of the concentration on competition sufficiently, it may negotiate with the parties in respect of the remedies and request them to submit other remedy proposals. 7.3 Confidentiality The notification form and relevant supporting documents will not be disclosed to the public. For cases reviewed under the simplified proce - dure, once formally accepted, there will be a ten- day public notice period, during which SAMR will release a public announcement form on its official website. The publication form includes the name of the transaction, the parties to the concentration, a basic description of the transac - tion, the main business and ultimate controller(s) of the parties, the reasons for applying simplified procedures, market definition and the range of market shares. For both the simplified and normal procedures, SAMR will publish a list of cases granted clear -
ance in the next quarter including the name of the transaction, the parties to the concentration and the date of approval. For prohibited or conditionally approved cases, SAMR will publish a detailed decision including the review timetable, the competition analysis employed by SAMR and the supplementary con - ditions, and the confidential information will be redacted. For cases under the normal procedure, the noti - fying parties may submit a public version and a confidential version of the notification docu - ments and materials, and request that trade secrets or other commercial information be kept confidential. 7.4 Co-Operation With Other Jurisdictions SAMR may co-operate with its counterparts in other jurisdictions. Since its establishment, SAMR has entered into memorandums of under- standing (MOUs) or co-operative agreements with various jurisdictions including the European Union, the Philippines, Belarus, Serbia, Russia, Japan, Korea and the Republic of Seychelles. For example, in October 2023 and March 2024, the Competition Policy and Co-ordination Divi - sion of SAMR and the European Commission Directorate-General for Competition co-organ - ised the 26th and 27th China-EU Competition Week. The Competition Week focused on topics such as the internal review mechanism of merger filings, antitrust regulation in the digital economy, foreign subsidy regulation, etc. SAMR may share information with the competi - tion authorities in other jurisdictions. Note that, in practice, SAMR will monitor the progress of the merger control review with other jurisdictions
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