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
Partner
Concord & Partners
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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