国务院关于经营者集中申报标准的规定(英文译本)
国务院关于经营者集中申报标准的规定(英文译本)
编辑:反垄断反不正当竞争律师网 来源:反垄断局2009-03-02
Decree of the State Council of the People's Republic of
Provisions of the State Council on Thresholds for Prior Notification of Concentrations of Undertakings adopted at the 20th Executive Meeting of the State Council on August 1, 2008 are hereby promulgated and shall be effective as of the date of promulgation.
Premier, Wen Jiabao
August 3, 2008
Provisions of the State Council on Thresholds for Prior Notification of Concentrations of Undertakings
Article 1 These Provisions are formulated in accordance with the Anti-monopoly Law of the People's Republic of China for the purpose of defining the thresholds for prior notification of concentrations of undertakings.
Article
(1) merger of undertakings;
(2) acquisition of control over other undertaking(s) by an undertaking by acquiring equities or assets; or
(3) acquisition of control over, or the possibility of exercising decisive influence on, other undertaking(s) by an undertaking by contract or by any other means.
Article 3 Where a concentration of undertakings reaches any of the following thresholds, the undertaking(s) concerned shall file a prior notification with the competent commerce department of the State Council, and no such concentration may be implemented without the clearance of prior notification:
(1) the combined worldwide turnover of all the undertakings concerned in the preceding financial year is more than RMB 10 billion yuan, and the nationwide turnover within China of each of at least two of the undertakings concerned in the preceding financial year is more than RMB 400 million yuan; or