5 July, 2012

On June 6, 2012, MOFCOM issued a revised “Declaration Form for Anti-Monopoly Review on Concentration of Business Operators”, which must be used from July 7, 2012. This will supersede the “Declaration Form for Concentration of Business Operators” issued in 2009. Compared with the 2009 form, the new form requires applicants to provide MOFCOM with extra documents when lodging an anti-monopoly review application, typically including (1) a research, analysis or report provided by the director, supervisor and senior management personnel of the trading parties and their ultimate controller assessing and analyzing the affect of the concentration on market share, competition conditions, existing or potential competitors, rationality for concentration etc. ; (2) a research, analysis or report provided by a third party; and (3) the executed concentration agreement (a memorandum, framework agreement or a draft agreement may be accepted if an applicant has sufficient proof showing that the executed agreement cannot be submitted at the time of declaration). The new form also clarifies who should be regarded as a “business operator participating in a concentration” under various merger and acquisition scenarios.

The full Chinese text of the form is available here.  

For further information, please contact:

Elizabeth Cole, Partner, Orrick