Declaration Form and Publicity Form for Summary Cases of Concentration of Business Operators Revised by SAMR
ISSUING AUTHORITY:
State Administration for Market Regulation
DATE OF ISSUANCE:
September14, 2024
EFFECTIVE DATE:
October 12, 2024
On September 14, 2024, in order to further deepen the reform of the review system of concentration of business operators, optimize the ideas of review of summary cases, simplify the filing documents and information of summary cases, SAMR revised and issued the Form of Application for the Anti-monopoly Review of Concentration of Business Operators in a Summary Case (the “Declaration Form”) and the Publicity Form of a Summary Case on Concentration of Business Operators (the “Publicity Form”).
The Declaration Form and Publicity Form were officially implemented and launched on October 12, 2024. If the applicant fills in the declaration information in the centralized anti-monopoly business system before this date but has not yet submitted it, the Declaration Form and the Publicity Form will be automatically adjusted according to the new version, and the applicant is requested to check and confirm before submission.
At present, the number of summary cases of concentrated business operators in China is large, accounting for nearly 90% of the total case volume, and covering various categories of the national economy, involving a large number of enterprises. In the revision of the Declaration Form and the Publicity Form, SAMR takes the position of "can be simplified" and "should be reduced", which greatly simplifies the summary case declaration materials, helps to reduce the time and costs of the business entity to declare the concentration of business operators, and improves the overall level of investment and merger facilitation. It is beneficial to optimize enterprise-related services and further promote the standardization and facilitation of government services related to investment and mergers and acquisitions. It will help to further improve the classification and classification review system for concentration of business operators, improve the quality and effectiveness of concentration of business operators, and create a fairer and more dynamic market environment for all types of business entities.
After the newly revised Declaration Form and Publicity Form are online, the materials that the applicant needs to submit are reduced from 3 to 2, the information that needs to be submitted in the Declaration Form is reduced from 44 to 38, and the relevant requirements are more standardized and clear, the form structure is more perfect and reasonable, and the logic is stronger, which can greatly improve the convenience and declaration efficiency of the applicant to fill in the declaration. The main revisions include:
1. to reduce the number of declaration materials. For summary cases, in principle, the applicant is no longer required to submit the non-confidential version of the application form, the applicant only needs to submit the confidential version of the declaration form and the publicity form.
2. to delete some duplicate information. The applicant does not need to fill in the history of establishment and important changes, the relationship between the final controller and the operators participating in the concentration, and the relevant information of the main competitors, etc.
3. to delete information which is not relevant to review. The applicant is no longer required to fill in the postcode of the operator participating in the concentration and the research, analysis and report prepared internally and by third parties, the contact addresses and contacts of other operators participating in centralized trading, and other information such as National Bureau of Statistics code and product or service description involved in each party's business, etc.
4. to reduce the information requirements for the declaration of certification documents for foreign applicants. Some foreign applicants may choose to submit a consular certification document or the more convenient Hague certification document.
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