Since the PRC Anti-Monopoly Law came into force on 1 August 2008, the Ministry of Commerce (MOFCOM) has conducted a number of reviews of concentrations of business operators. During the review process, MOFCOM will conduct a comprehensive assessment of the following aspects to judge whether the proposed concentration has or may have an effect of eliminating or restricting competition.
Market share and control
MOFCOM will first determine whether there is a horizontal overlap in the businesses and products of the parties to a concentration deal. This involves assessment of whether their respective products and services are identical or similar.
Second, it will review whether there is a vertical relationship between the parties in the upstream and downstream markets. This refers to the supply and sales relationship.
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Zhang Yichi is a partner at Concord & Partners in Beijing
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