MOFCOM releases new merger guidance

On 6 June 2014, the Ministry of Commerce ('MOFCOM') in China released the revised Guiding Opinions on the Notification of Concentrations between Business Operators (‘Notification Guidance’) on its official website. Compared with its earlier version, which was promulgated ver five years earlier, the revised Notification Guidance provides more comprehensive guidance on merger notification, and breaks some new ground on a number of fronts. In particular, for the first time since the introduction of the Anti-Monopoly Law ('AML'), MOFCOM attempts to larify the historically controversial concept of ‘control’ but ultimately falls short of its ambition.

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