MOFCOM Publishes Implementation Details of The Anti-Monopoly Law
January 2009
Christopher F. Corr, Patrick W. Ma, George L. Paul
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The Anti-Monopoly Bureau (AMB) of China's Ministry of Commerce (MOFCOM) recently published seven sets of guidelines and regulations that provide further detail on certain aspects of the Anti-Monopoly Law (AML), which went into effect August 1, 2008.
As described in this Alert, the guidance clarifies the circumstances in which a transaction must be notified, provides procedural details for compiling a notification, and explains the approach to market definition that will be used in merger and non-merger cases. Two "Guidance Opinions" took effect immediately upon publication, and the other guidance remains in draft and subject to public comments.
This is the second time that the AMB has invited public comment on draft guidelines – a welcome sign of the AMB's interest in thorough vetting and consideration of international norms. The other AML enforcement authorities, namely the NDRC and SAIC, are reportedly prioritizing the issuance of implementing guidelines with respect to pricing abuses and monopolization for early 2009.
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