Answer ... The primary legislative framework governing merger control in China is the Anti-monopoly Law (AML), which was initially enacted in August 2008 and subsequently amended in August 2022. Alongside the AML, the Chinese antitrust regulator has issued various implementation rules related to merger control. Among these, the Provisions on the Review of Concentration of Undertakings – which were initially introduced in 2009 and have been updated multiple times since then, most recently in March 2023 – are particularly important in governing merger control.

Answer ... The merger control stipulations delineated within the AML encompass all economic sectors without exception.

Answer ... In China, responsibility for overseeing merger control reviews falls under the jurisdiction of the State Administration for Market Regulation (SAMR). Specifically, the Anti-monopoly Law Enforcement Bureau II within SAMR is tasked with:

• conducting merger control reviews; and
• investigating and imposing penalties in cases involving premature merger implementation, which is commonly referred to as ‘gun-jumping’.

In August 2022, five provincial market regulation authorities – that is, those in Beijing, Shanghai, Chongqing, Guangdong and Shaanxi – were given the authority to handle simple merger cases that have a local connection. However, the ultimate decision-making authority for conducting merger control reviews remains with SAMR at the national level.