SAMR to Improve Anti-Monopoly Compliance Risk Alert Mechanism for Concentration of Undertakings
On February 7, 2024, the General Office of the State Administration for Market Regulation (SAMR) released the Circular on Improving the Anti-Monopoly Compliance Risk Alert Mechanism for Concentration of Undertakings (the "Circular").
The Circular introduces some specific work measures: (1) enriching alert scenarios and raising the accuracy of alerts; (2) strengthening policy guidance and promoting online and offline linkage; and (3) strengthening data integration and utilizing the potential of digital empowerment. Among others, the Circular specifies that on the basis of the alerts in the registration of equity changes and registration of new joint ventures in the business entity registration management system, the coverage of alerts should be further expanded; by relying on the annual report on the national enterprise credit information disclosure system and other processes, along with the mobile terminal for business start-up and government services, for business entities that reach the threshold for declaration of concentration of undertakings, alerts will be made via pop-up windows and in other forms to remind operators of their declaration obligations and possible legal liability arising from failure to lawfully declare. Efforts should also be made to explore the use of the corporate turnover data in the annual report under the national enterprise credit information disclosure system to provide targeted risk alerts.
(Source: State Administration for Market Regulation)