On 5 January 2012, the PRC Ministry of Commerce (“MOFCOM”)published on its website the long-awaited Interim Measures on Investigation into and Handling of Concentrations of Business Operators that have not been Notified in Accordance with Laws (the “Measures”). The Measures set out details of the process for investigating a failure to notify concentrations and also facilitate the enforcement of Article 48 of the PRC Anti-monopoly Law (“AML”). With procedures now in place, MOFCOM is likely to impose its first sanction for failure to notify in the near future. It remains to be seen whether MOFCOM will impose sanctions in relation to a transaction which does not entail competition concerns and whether it will make any decision public.
For further information please contact: Yuan Cheng, Gavin Robert, Jonas Koponen, Simon Poh
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