CHINA Law and Practice Contributed by: Liu Cheng and Li Yumeng (Audrey), King & Wood Mallesons
King & Wood Mallesons 18th Floor East Tower World Financial Center No.1 Dongsanhuan Zhonglu Chaoyang District Beijing 100020 P. R. China
Tel: +86 10 5878 5588 Fax: +86 10 5878 5566 Email: liucheng@cn.kwm.com Web: www.kwm.com
1. Legislation and Enforcing Authorities 1.1 Merger Control Legislation
tion”), promulgated by the State Council and effective as of 24 May 2009; • Provisions on the Review of Concentrations of Undertakings (“Provisions on Concentra - tion Review”), issued by the State Adminis - tration for Market Regulation (SAMR) on 10 March 2023 and effective as of 15 April 2023; • Guidance on the Declaration of Simple Cases of Concentrations of Undertakings, issued and amended by SAMR and effective as of 29 September 2018; • Guidance on the Standardisation of the Case Name for the Notification of Concentra - tions of Undertakings, issued and amended by SAMR and effective as of 29 September 2018; and • Guiding Opinions on the Notification of Con - centrations Between Undertakings, issued by SAMR and effective as of 29 September 2018; • Guiding Opinions on Declaration Documents for Concentrations of Undertakings, issued and amended by SAMR and effective as of 29 September 2018; • Guidelines for the Review of Horizontal Concentrations of Undertakings (“Horizontal
The Anti-Monopoly Law of the People’s Republic of China (AML), effective as of 1 August 2008, as amended on 1 August 2022 (“AML Amend - ments”), is the primary legislation in China gov - erning the merger control regime. Chapter 4 of the AML provides for the ”Concentration of Undertakings”. Along with the AML, a number of implementing regulations and guidelines in relation to merger control have been issued and amended, includ - ing: • Provisions of the State Council on Thresholds for Notification of Concentration of Under - takings, promulgated by the State Council, amended and effective as of 22 January 2024; • Guidelines on the Definition of Relevant Market by Anti-Monopoly Commission of the State Council (“Guidelines on Market Defini -
82
CHAMBERS.COM
Powered by FlippingBook