Office of Anti-monopoly Investigations, Department of Treaty and Law, Ministry of Commerce, Guidelines for Anti-monopoly Filings in Connection with Mergers and Acquisitions of Domestic Enterprises by Foreign Investors

商务部条法司反垄断调查办公室关于外国投资者并购境内企业反垄断申报指南

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Anti-monopoly filings required before conducting mergers or acquisitions.

Issued: March 8 2007

Main Contents: The Guidelines set forth the procedures for anti-monopoly filings in connection with mergers and acquisitions of domestic enterprises by foreign enterprises. In principle, the acquirer is the reporting party; however, depending on the specific circumstances of a case, the reporting party may be the target enterprise. If more than one party satisfies the criteria to act as the reporting party, they may make a joint filing, or they may each make separate filings. A reporting party may make a filing in its own name or it may appoint a Chinese law firm and have a China qualified lawyer make the filing on its behalf.

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