New Chinese merger control thresholds take effect
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On 26 January 2024, the State Administration for Market Regulation (SAMR) finally published the Regulation of the State Council on the Threshold for Notification of Concentration of Business Operators (Final Thresholds Regulation), with immediate effect.
SAMR had consulted publicly on a Draft Amended Regulation of the State Council on the Threshold for Notification of Concentration of Business Operators (Draft Thresholds Regulation) in June 2022.
Notably, the Final Thresholds Regulation significantly increases the turnover threshold for Chinese merger filings. This is expected to reduce the number of notifiable transactions and ease the regulatory burden for businesses.
In addition, while the Final Thresholds Regulation drops a proposed threshold targeting “killer acquisitions”, it reaffirms that SAMR retains the power to review below-threshold transactions that may have anti-competitive effect.
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