Operation of centralized Declaration and examination of operators

Law enforcement agencies to accept antitrust review procedures clear this day, the Ministry of Commerce announced the "operator concentration declaration method" and "The concentration of Operators review measures", on the operators concentrated declaration, law enforcement agencies to receive and the concentration of antitrust review procedures, such as the specific provisions of the above measures will be implemented from January 1, 2010.　　According to the introduction, the "declaration method" and "The Review Method" stipulates that the Ministry of Commerce is the operator concentrated antitrust review law enforcement agencies, to accept and review the operators concentrated declaration of the specific law enforcement work. The method of examination stipulates that in order to eliminate or reduce the effect of the exclusion or limitation of competition, the operators involved in the concentration can put forward restrictive conditions for adjusting the centralized trading scheme. Restrictive conditions must be operable and may include: stripping out the structural conditions of some assets or business of the operators involved in the concentration, and engaging the operators to open infrastructure such as their network or platform, licensing key technologies (including patents, proprietary technology or other intellectual property rights), termination of exclusivity agreements, and other behavioral conditions　　, the combination of structural conditions and behavioral conditions. According to the review method, the Ministry of Commerce and the operators involved in the concentration can make comments and suggestions on the modification of restrictive conditions during the review process. For those who are not prohibited, the Ministry of Commerce may decide to impose restrictive conditions which have adverse effects on competition, and supervise and inspect the operators ' performance of restrictive conditions, and shall report to the Ministry of Commerce the implementation of the restrictive conditions in accordance with the specified time limit.　　If the Ministry of Commerce fails to comply with the prescribed obligations under restrictive conditions, the mofcom may order its time limit to be corrected; At the same time, the "declaration method" stipulates that the same operators in the two years between the implementation of the State Council on the concentration of the declaration of the requirements of the Declaration standard of the operators concentration, should be regarded as a centralized transaction, focus on the occurrence of time from the last transaction,　　The turnover of the concentration of the operator shall be combined with multiple transactions. In addition, the Declaration method and the review method stipulate that the Ministry of Commerce, the declaration person and other units and individuals shall be held responsible for the confidentiality of the trade secrets and other information which need to be kept confidential before the concentration of the undertakings is declared, the review is reviewed, and the business secret that the operator concentrates on.