On January 26, 2024, the new "Regulations of the State Council on the Standards for Declaration of Concentration of Business Operators" were announced and implemented. The new standards have raised the threshold for operators to apply for concentration of operators to the anti-monopoly law enforcement agency of the State Council. The total global and domestic revenue, as well as the unilateral revenue standards in China, have been raised from the current 10 billion yuan, 2 billion yuan, and 400 million yuan to 12 billion yuan, 4 billion yuan, and 800 million yuan. This eliminates the need for concentration review of business operators for investment and merger transactions that have declaration obligations under the old declaration standards. It is expected that the declaration volume can be reduced by 30%, reducing the institutional transaction costs of investment and merger. This is conducive to further stimulating the vitality of business entities and consolidating and enhancing the economic recovery trend. The competitive environment continues to optimize. The concentration review of business operators aims to maintain fair market competition, create a favorable business environment and innovative development space for various business entities. Since 2008, a total of 5787 cases have been concluded, of which 5723 were unconditionally approved, 61 were conditionally approved, and 3 were prohibited, involving transaction amounts exceeding 60 trillion yuan. This has effectively maintained a unified, open, and competitive market system, effectively ensured the security and stability of the industrial and supply chains, and provided strong support for the development of advanced industries in China. The efficiency of review is constantly improving. Implement a classification review system for simple and non simple cases, and implement a "double 20 day" requirement for acceptance and review time for simple cases, continuously improving review efficiency. Pilot commission of market supervision departments in five provinces (cities) including Beijing to carry out review work, establish a two-level review mechanism, fully leverage the advantages of local departments being close to the market and enterprises, and serve enterprise investment and mergers and acquisitions with a "forward step" approach. Leading the global operation of online operator concentration business systems to facilitate online declaration by enterprises. The institutional norms are becoming increasingly clear. Vigorously promote the construction of a concentration system for business operators, and provide clear, predictable institutional norms for market investment. Revise the Anti Monopoly Law and improve the top-level system design for the review of business concentration. Revise the Regulations on the Examination of Concentration of Business Operators and the Anti Monopoly Compliance Guidelines for Concentration of Business Operators, clarifying the examination procedures and standards. At present, a regulatory system consisting of one law, one administrative regulation, two departmental rules, and a series of documents has been established, and the review work is progressing in an orderly manner on the track of the rule of law. Overseas services are more powerful. Actively participate in international competition rule negotiations, promote the integration of competition rules, and provide guarantees for the smooth development of investment and trade activities. Introduce the "Guidelines for Overseas Anti Monopoly Compliance of Enterprises" to guide Chinese enterprises in responding to overseas anti-monopoly lawsuits and investigations, and guide enterprises to strengthen overseas anti-monopoly compliance,
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：economic daily
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