Answer ... Yes, the parties can negotiate possible remedies with the Anti-monopoly Bureau of the State Administration for Market Regulation (SAMR) to address any competition concerns identified. The remedies may be structural, behavioural or a combination of both. To be accepted by the SAMR, the remedies must be sufficient to mitigate the negative effects on competition.
Answer ... Generally, where the SAMR finds that a transaction may eliminate or restrict competition, the notification will be subject to a Phase II review and the SAMR will raise competition concerns as early as the start of the Phase II review. The parties have the right to propose remedies to the SAMR; the deadline for doing so is 20 days before the expiry of the Phase II review.
The negotiation process normally involves rounds of communications between the filing parties and the SAMR, in which the remedy proposals will be revised. The SAMR can also seek comments from relevant stakeholders to evaluate the effect of the remedy proposals through surveys, hearings, expert meetings and so on.
As the negotiation process can be very time consuming, it is suggested that the parties conduct self-evaluation and prepare remedy proposals at an early stage if the self-evaluation reveals that remedies will likely be required.
Answer ... Foreign-to-foreign transactions must be notified if the turnover thresholds are met. The SAMR has the same power to review foreign-to-foreign transactions, and will apply the same standards and tests in reviewing and clearing them, as it does for all other mergers.