The State Administration for Market Regulation ("SAMR") has recently released the revised Guiding Opinions on the Notification of Concentration of Undertakings (Revised on September 29, 2018) (the "Opinions"), and, meanwhile, the Anti-monopoly Bureau of the SAMR has formulated and issued the Guiding Opinions on Documents and Materials for the Notification of Concentration of Undertakings (Revised on September 29, 2018), the Guiding Opinions on the Notification of Simple Cases Involving the Concentration of Undertakings (Revised on September 29, 2018) and the Guiding Opinions on the Notified Names of Cases Involving the Concentration of Undertakings (Revised on September 29, 2018).

The Opinions provide clear definitions of such terms as the "concentration of undertakings" and "threshold for notification", adding that the controlling right in the sense of concentration of undertakings covers both the independent controlling right and the jointly-held controlling right. Where, in a newly established cooperative enterprise, there are at least two business operators who jointly control this cooperative enterprise, the concentration of undertakings is constituted; however, if this cooperative enterprise is solely controlled by one business operator, while other business operators do not hold the controlling right, the concentration of undertakings does not exist.

(Source: SAMR)