Ministry publishes new Anti-monopoly Law guidelines

The Ministry of Commerce (Mofcom) has issued some significant new documents related to merger filings under the Anti-monopoly Law (AML). The documents help to clarify procedures for the reporting of concentrations – the subject of heated debate since the AML took effect in August 2008 – and bring the Chinese system in line with international practices. But they raise significant concerns in other areas.

The following documents were recently published on Mofcom's website and are effective as of January 1 2009:

• Working Guidelines on Anti-monopoly Reviews for Concentrations of Business Operators (Working Guidelines);
• Guiding Opinion on Reporting of Concentrations of Business Operators (Opinion on Reporting);
• Guiding Opinion on Documents and Information Required for Reporting of Concentrations of Business Operators (Opinion on Documents); and
• Flowchart for Anti-monopoly Reviews for Concentrations of Business Operators

The Opinion on Reporting helps to clarify which party must file a merger notification, and also provides procedural steps for those wanting to engage in pre-filing consultation with Mofcom. Along with the Working Guidelines, the document has helped create a clearer picture of the notification filing process (one interpretation of this process is shown in the chart below).