Proposed Merger Control Rules under the Chinese Anti-Monopoly Law

The PRC’s Anti-Monopoly Law came into force on August 1, 2008. In January 2009, the Anti-Monopoly Bureau of the Chinese Ministry of Commerce, which is responsible for the implementation of the merger-control related provisions of the AML, published a number of draft guidelines and rules. This Memorandum summarizes these draft guidelines and rules.

Although the MOFCOM solicited public comments on these drafts, they have already been the subjects of extensive internal review, and it is unclear whether the public comments will result in any meaningful changes in the final versions. Together with the implementing measures adopted in 2008 and earlier in January 2009, these guidelines and rules will substantially complete the MOFCOM’s first phase of rulemaking under the merger-control provisions of the AML.