Legislation roundup: Monopoly agreements, Material asset restructurings and Trust companies

SAMR issues rules to implement the safe harbor system concerning monopoly agreements. CSRC allows for simplified review procedures for offering shares to purchase assets. Trust companies are exempted from setting up supervisory boards.

Antitrust

State Administration for Market Regulation, Provisions for the Prohibition of
Monopoly Agreements (Amendment Draft for Comments)
国家市场监督管理总局禁止垄断协议规定 (修订草案征求意见稿)

The current revision focuses on implementation of the “safe harbor” system set forth in the
third paragraph of Article 18 of the Anti-Monopoly Law, refining the market share and
turnover criteria that business operators are required to satisfy for application of said system
and adding specific provisions concerning the materials to be adduced, the review procedure
and legal consequences. The revisions mainly cover: the setting of thresholds for market
share and turnover for different types of monopoly agreements, specification that both parties
to a transaction are required to satisfy the criteria, the setting forth of exceptions and the
strengthening of the burden of proof on, and procedural norms for, business operators

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