The Guidelines list the application materials required for reporting of concentrations of business operators and set forth the permission procedure thereof.
According to the Opinion, concentrations of business operators that are conducted by way of a merger shall be reported by all of the business operators that are parties to the merger.
The Opinion requires an account of the effect of a concentration of business operators on competition in the relevant market when reporting a concentration of business operators.
Foreign investors are abandoning their Chinese ventures prompting the issuance of new government guidelines. These raise the possibility of the use of cross-border legal and political action to force absconders to face liability in China. Although the implications are not completely clear, foreign parties must take care when attempting to withdraw from the country. By Susan Finder, Winston & Strawn.