On December 20th, the State Administration for Market Regulation issued the “Guidelines for the Review of Horizontal Concentration of Business Operators”, which mentioned that if the concentration of business operators meets the declaration standards stipulated by the State Council, they should declare to the anti-monopoly law enforcement agency in advance. Concentration shall not be implemented before declaration or approval is obtained after declaration. If the concentration of operators does not meet the declaration standards, but there is evidence to prove that the concentration of operators has or may have the effect of excluding or restricting competition, the anti-monopoly law enforcement agency may require the operators to declare and notify them in writing. If the concentration has not yet been implemented, the operator shall not carry out the concentration until it has been declared or approved after declaration; If the concentration has already been implemented, the operator shall declare within 120 days from the date of receiving the written notice and take necessary measures such as suspending the implementation of the concentration to reduce its adverse effects on competition. If one of the following situations occurs in the concentration of operators, it may not be necessary to declare to the anti-monopoly law enforcement agency: (1) One operator participating in the concentration owns more than 50% of the voting shares or assets of each other operator; （2） More than 50% of the voting shares or assets of each operator participating in the concentration are owned by the same operator who did not participate in the concentration.
Scan code to share