People's Republic of China promulgated by Decree No. 529
Provisions relating to concentration standards for declaration of the State Council Executive meeting of the State Council on August 1, 2008 the 20th through, are hereby promulgated and, as of the date of promulgation.
Prime Minister Wen Jiabao
The August 3, 2008
Provisions of the State Council concerning concentration standards for declaration of
First in order to clear the concentration's reporting, in accordance with the People's Republic of China anti-monopoly law, these provisions are formulated.
Second concentration refers to a situation where:
(A) the operators merge;
(B) the acquisition by undertakings, equities or assets acquired control over the other operators;
(Iii) gain control over other operators through contract right or the possibility of exercising decisive influence on other undertakings.
Third-a concentration of one of the following standards, operators shall declare to the commercial Administrative Department of the State Council in advance, undeclared concentration shall not be implemented:
(A) participation in the preceding fiscal year on all operators in global turnover totals more than 10 billion yuan, and at least two operators in the last fiscal year the turnover of more than 400 million yuan in China;
(B) all operators involved in the focus to the previous fiscal year total turnover in China exceeds 2 billion yuan, and at least two operators in the last fiscal year the turnover of more than 400 million yuan in China.
Turnover calculation should take into account the banking, insurance, securities, futures and other special industries and areas of the actual situation, and the specific measures formulated by the commercial Administrative Department of the State Council in conjunction with the relevant departments of the State Council.
Article fourth concentration does not meet the provisions of article's reporting, but according to appropriate procedures to collect facts and evidence show that the concentration has or may have the effect of eliminating or restricting competition, commercial administrative department under the State Council shall be investigated according to law. Fifth article of the regulations come into force on the date of promulgation.
