China Matters: New MOFCOM Rules on Evaluating the Concentration of Business Operators
By David Livdahl, Jenny Sheng & Henry Li
The Ministry of Commerce (MOFCOM) issued the long-awaited Interim Rules on Evaluating Competitive Effects of Concentration of Business Operators (2011 Announcement No. 55) (the Interim Rules) on August 29, 2011. Before the formal promulgation of these Interim Rules, MOFCOM published a draft of the Interim Rules on June 3, 2011 for a ten-day solicitation of public comments. The formally promulgated Interim Rules keep almost all the contents of the June 3, 2011 draft. The Interim Rules, which took effect on September 5, 2011, provide some guidelines with respect to MOFCOMs evaluation of the competitive effect of a potential transaction.