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SAMR Issues the Anti-Monopoly Compliance Guidelines for Concentrations of Undertakings

Tue Oct 31 14:04:00 CST 2023 发布人:Editor

On September 11, the State Administration for Market Regulation (SAMR) issued the Anti-Monopoly Compliance Guidelines for Concentrations of Undertakings (the "Guidelines"). 

The Guidelines are applicable to anti-monopoly compliance activities of undertakings during the concentrations of undertakings within and outside the territory of China. These Guidelines emphasize that strengthening compliance management in the context of concentrations of undertakings can help undertakings identify, assess, and control legal risks associated with such concentrations, and this can help prevent undertakings from engaging in concentrations that have or may have the effect of excluding or restricting competition, thus averting legal liability resulting from the unlawful concentrations. The Guidelines encompass main provisions on the review of concentrations of undertakings, major compliance risks, compliance risk management, compliance management guarantees, and more. According to the Guidelines, undertakings are advised to pay particular attention to concentrations of undertakings in six situations, including where "a merger involving another undertaking with a turnover in the previous fiscal year exceeding CNY400 million within the territory of China," and undertakings are urged to fully assess anti-monopoly legal risks in these scenarios.


(Source: State Administration for Market Regulation)