In the second half of 2017, Llinks Lawyers Mr. Kevin Huang and Mr. Benny Xu led the drafting of Business Operation Guideline for Lawyers on Declaration of Concentration of Undertakings in China (2017)(" Guideline")on behalf of the Anti-unfair Competition and Antitrust Committee of Shanghai BAR Association. The "Guidance" was voted and passed by the Steering Committee of Shanghai BAR Association on December 7, 2017, and entered into the one-year trial period for publicity. The Guideline was supposed to bring some assistance to Shanghai lawyers in the declaration of concentration of undertakings in China.
According to relevant laws and regulations currently in force in China, the Guideline provides detailed explanations on the specific operational steps for the declaration of concentration of undertakings in China, which covers the complete process including preliminary investigations and evaluations of the concentration, the definition and competition assessment of relevant markets, application of summary procedures, prior consultation, preparation and submission of declaration documents, review and decision-making of antitrust enforcement agencies and corresponding legal responsibilities. In addition, the Guideline also introduces the procedures for simultaneous declarations in multiple jurisdictions. And the bulletins regarding the official decisions in which the concentrations application are dismissed are attached for reference as well.
