Exclusions from the summary procedure for concentration

The Ministry of Commerce (MOFCOM) recently released a set of Tentative Provisions, in order to detail the application of the new summary procedure for cases of concentration of business operators.

The cases involving the following elements will be excluded from the summary procedure by MOFCOM : the declaring party covers up important situations or provides false materials or misleading information; a claim that the concentration produces or might produce a result that eliminates or limits competition (relevant proof is needed); or the MOFCOM concludes that a major change happened in the relevant market competition.