The Ministry of Commerce publishes the centralized examination method for operators

The Ministry of Commerce of the People's Republic of China 2009 the 12th "operator Concentration Review" "publishing unit" the Ministry of Commerce of the People's Republic of China "published the number" Ministry of Commerce Order 2009 12th "Release date" 2009-11-24 "Implementation Date" 2010-01-01 "operator Concentration Review method"　　It has been approved by the Ministry of Commerce at its 26th ministerial meeting July 15, 2009 and is hereby announced and implemented since January 1, 2010.　　Minister: Chen Deming November 24, 2009 the concentration of business operators to review the first article to standardize the operation of antitrust review, the operator focused on antitrust review procedures, in accordance with the "PRC Antimonopoly Law" (hereinafter referred to as "Antimonopoly Law"), the formulation of these measures.　　Second, the Ministry of Commerce is the operator concentrated antitrust review law enforcement agencies, to accept and review the operators concentrated declaration of specific law enforcement work. After a case has been filed and a review decision is made by the Ministry of Commerce, the claimant shall submit a written application and explain the reasons for withdrawing the concentration declaration of the operator.　　Except where a centralized transaction is waived, the withdrawal of the Declaration shall be approved by the Ministry of Commerce. Withdrawal of the concentration declaration of the operator, the review procedure terminates.　　The Ministry of Commerce agrees that the withdrawal of the declaration is not considered a centralized approval.　　Fourth in the course of the review, the Ministry of Commerce encourages the applicant to provide as early as possible the relevant documents and information which will help to review and make decisions on the operators ' concentration.　　Fifth in the review process, the participating operators may, through letters, faxes and other means to the Ministry of Commerce in writing on the Declaration, the Ministry of Commerce should listen to the parties to the statement and defense.　　Sixth in the course of the examination, the Ministry of Commerce may consult the relevant government departments, trade associations, operators, consumers and other units or individuals according to their needs. Seventh in the review process, the Ministry of Commerce May, at its own initiative or at the request of the relevant parties, decide to hold hearings, investigate and collect evidence and listen to the views of all concerned. The Ministry of Commerce shall inform the participants of the hearing in advance in writing.　　The participants in the hearing shall submit their written comments to the Ministry of Commerce before the hearing is held.　　The Ministry of Commerce will hold hearings to inform the participating operators and their competitors, upstream and downstream enterprises and other relevant enterprises, and may invite relevant experts, representatives of trade associations, representatives of relevant government departments and consumer representatives to attend.　　The participants in the hearing shall attend the hearing on time, abide by the hearing procedure and obey the arrangements of the presiding officer.　　If the participants of the hearing are considering the confidentiality factors such as commercial secrets, they wish to make separate statements and arrange separate hearings, and the contents of the hearing shall be dealt with in accordance with the relevant secrecy provisions. The eighth hearing is carried out according to the following procedure: (i) the presiding officer announces the hearing to begin, reads out the hearing discipline; (ii) Check the participants of the hearing; (iii) The party's presentation of the hearing;The party concerned is asked about the content of the hearing, and (v) The presiding officer declares the hearing closed. Nineth in the preliminary examination stage, mofcom shall make decisions on whether to carry out further examination within the time limit stipulated in article 25th of the Antimonopoly Law.　　If the Ministry of Commerce makes a decision not to carry out further examination, it shall notify the applicant in writing and, if it deems necessary to carry out further examination, shall make a decision to carry out further examination and notify the applicant in writing.　　Where the Ministry of Commerce makes a decision not to carry out further examination or is overdue to make a decision, the participating operators may implement the concentration.　　Tenth in the further examination stage, the Ministry of Commerce considers that the concentration of the operators or may have the effect of excluding or restricting competition, should be informed of their objections to participate in the concentration of the operators, and set a permit to participate in the concentration of the operator to submit a written plea of a reasonable period. The written defences of the participating operators shall include the relevant facts and grounds and provide the corresponding evidence.　　If the operator involved in the concentration is overdue for submitting a written plea, it shall be deemed to have no objection to the objection.　　11th in the review process, in order to eliminate or reduce the concentration of the operators have or may have the effect of exclusion, limit competition, the participation of the operators can be put forward to the centralized trading scheme to adjust the restrictive conditions. Depending on the specific situation of the operator's centralized transaction, restrictive conditions may include the following categories: (i) stripping out the structural conditions of some of the assets or operations of the operators involved in the concentration; (ii) the participation of the participating operators in the opening of infrastructure such as their networks or platforms, licensing of key technologies (including patents, proprietary technologies or other intellectual property rights),　　Termination of exclusive agreements and other behavioral conditions, (iii) structural conditions and behavioral conditions combined with the comprehensive conditions. 12th the restrictive conditions proposed by the operators involved in the concentration should be able to eliminate or reduce the exclusion, restriction and competition effect of the concentration of operators, and have practical operability.　　The written text of the restrictive conditions should be clear and clear so as to enable the full evaluation of its validity and viability.　　13th in the course of the review, the Ministry of Commerce and the operators involved in the concentration of business may put forward opinions and suggestions on the modification of restrictive conditions in order to eliminate or reduce the effect of exclusion and limitation of competition. 14th The Ministry of Commerce shall make a decision prohibiting or prohibiting the concentration of undertakings within the period specified in article 26th of the Antimonopoly Act and notify the applicant in writing. For those who are not prohibited, mofcom may decide to impose restrictive conditions that would adversely affect competition.　　Before the Ministry of Commerce makes further examination decisions, the participating operators shall not concentrate.　　Where the Ministry of Commerce makes a decision or is overdue to decide on the concentration of the operator, the operators involved in the concentration can implement the concentration. 15th for the concentration of operators authorized by additional restrictive conditions, the Ministry of Commerce shall supervise and examine the activities of the operators involved in the implementation of restrictive conditions and participate in the centralized operationShall report to the Ministry of Commerce on the implementation of the restrictive conditions in accordance with the specified period.　　If the participating operators do not perform the prescribed obligations under restrictive conditions, the Ministry of Commerce may order the time limit for correction, and the mofcom may, in accordance with the relevant provisions of the Antimonopoly Law, deal with the failure of the participating operators to correct them within the prescribed period.　　16th the Ministry of Commerce, the declaration person and other units and individuals shall be responsible for the confidentiality of the trade secrets and other information which need to be kept confidential in the concentration review of the operators. 17th of these measures shall be implemented as from January 1, 2010.