Workflow
经营者集中申报标准
icon
Search documents
市场监管总局详解反垄断审查制度规则新进展
Xin Jing Bao· 2026-02-11 10:40
Core Viewpoint - The introduction of the "Non-Horizontal Operator Concentration Review Guidelines" marks a significant step towards professionalization, refinement, and standardization of antitrust review processes in China, enhancing the regulatory framework for operator concentration [1][2]. Group 1: Background and Purpose of the Guidelines - The guidelines were developed based on three main considerations: improving the system, enhancing expectations, and sharing experiences [2]. - Since the implementation of the antitrust law, thousands of non-horizontal operator concentration transactions have been reviewed, leading to the approval or prohibition of over 30 cases with restrictive conditions, thus accumulating valuable enforcement experience [2]. - The guidelines clarify the competitive risks and assessment points associated with non-horizontal concentrations, helping entities better understand the risk boundaries of mergers and acquisitions [2]. Group 2: Systematic Progress in Antitrust Review - Since the new antitrust law was implemented in 2022, a comprehensive regulatory framework has been established, consisting of one law, one administrative regulation, and two departmental rules, supported by multiple specific guidelines and standards [2]. - The review process has been enhanced by revising the "State Council's Regulations on the Standards for Reporting Operator Concentration," significantly raising the reporting revenue threshold, which exempts many small and medium-sized mergers from reporting [3]. - The introduction of the "Administrative Penalty Discretionary Guidelines for Illegal Implementation of Operator Concentration" ensures that enforcement is transparent, fair, and consistent [3]. Group 3: Compliance and Guidance - The release of the "Antitrust Compliance Guidelines for Operator Concentration" provides actionable compliance pathways for enterprises [3]. - The "Overseas Antitrust Compliance Guidelines" aim to bridge the information gap regarding overseas antitrust compliance, helping companies mitigate risks associated with foreign antitrust regulations [3].