The Anti-Monopoly Law of the People’s Republic of China (“AML”) became effective on August 1, 2008. Shortly thereafter, on August 3, 2008, China's State Council issued the first set of implementing regulations under the AML - the Rules on the Notification of Concentrations of Undertakings (the “Notification Rules”), which sets out further details. This article provides an overview of China's merger notification and review regime under the AML and the Notification Rules. Among other things, the article discusses the types of transactions that are subject to China's merger control, general procedural requirements and timeline of merger notifications under the AML, as well as the remedies available when the enforcement authority determines that a transaction may have the effect of restraining or harming competition in China.

This article first appeared in The International Comparative Legal Guide to: Merger Control 2009 published by Global Legal Group Ltd, London. Click here to view the 2010 chapter to Merger Control and the 2009 chapter to Competition Litigation.