Chinese Merger Review: The Amended AML and Proposed Regulatory Revisions

July 22, 2022 | BY

Susan Mok

Nate Bush, Ray Xu and Della Ding of DLA Piper highlight key changes to merger control under the Amended Anti-Monopoly Law and draft regulations including increased revenue thresholds, investigation of "below threshold" transactions and clarification of what is meant by gun-jumping

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Summary 

  • The Amended AML and proposed revisions to implementing rules will enable SAMR to reach transactions beyond its current jurisdiction, manage its merger docket more flexibly, allocate resources to transactions of greater concern, and raise the penalties for circumvention.
  • Many of the proposed revisions will selectively integrate established foreign enforcement principles, or track efforts by foreign competition regulators to address challenges arising in online sectors.
  • The Amended AML also enables SAMR to investigate potentially anticompetitive deals that might otherwise slip under the mandatory notification thresholds.