Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Merger Control
9.
Tips and traps
9.1
What are your top tips for smooth merger clearance and what potential sticking points would you highlight?
China

Answer ... The new Anti-monopoly Bureau of the State Administration for Market Regulation (SAMR) combines the functions of merger review and anti-monopoly investigation previously handled by the Ministry of Commerce, the State Administration for Industry and Commerce and the National Development and Reform Commission, respectively. The new competition law enforcement agency thus has more comprehensive powers and more extensive experience. As regards merger review, the integration of personnel has resulted in the integration of law enforcement experience and expertise across various industries. Therefore, as mentioned, the SAMR is taking a more proactive position in antitrust enforcement, with greater confidence.

Parties must thus be better prepared for China merger filings and should ideally consider China factors as early as possible when planning a transaction. To ensure smooth merger clearance, the filing parties should have a solid understanding of the relevant products or services in the Chinese context, as well as Chinese merger review precedents, the competition situation in relevant markets, the potential interests of upstream suppliers or downstream customers and so on.

For more information about this answer please contact: Yi Jin from King & Capital Law Firm