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HaoLiWen had advised a client in anti-monopoly investigation case
2015.11.20

MOFCOM has recently imposed penalties in four cases regarding concentration of undertakings that were not notified in accordance with law. HaoLiWen represented one of the parties before MOFCOM. The parties concerned implemented a certain transaction ahead of time without declaring it to MOFCOM. This case resulted in minor fines.

To judge whether a transaction needs to be filed for concentration of undertakings, MOFCOM usually considers two factors: (1) whether the transaction is concentration in the sense of Anti-Monopoly Law; (2) whether the threshold of turnovers is met. While it is also of great significance for companies to understand the meaning of controlling rights in deciding whether a transaction is concentration in the sense of Anti-Monopoly Law, in practice, MOFCOM tends to interpret controlling rights in a broad way.

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