The Changes on Franchise Specific Legislation

In China, the franchise specific legislation regulates the franchise disclosure and franchise registration. The Chinese Ministry of Commerce (“MOFCOM”) has amended the provisions related to disclosure and registration. The most important changes has listed as follows:
On registration, regarding to “2+1” rule, a number of improvements has been introduced. The most important improvement is the acknowledgement [...]

Published by admin on September 23rd, 2011 tagged China News | 1 Comment »

Interim Rules on the Assessment of the Impact of Concentrations on Competition of China

The Interim Rules on the Assessment of the Impact of Concentrations on Competition of China has been taken effect on 5 Sep 2011. The rules provide the first guidance from the Ministry of Commerce (“MOFCOM”). The Rules details the five AML factors and the Assessment Rules make clear that MOFCOM will analyze a transaction for [...]

Published by admin on September 23rd, 2011 tagged China News | Comment now »

MOFCOM Announced Provisions on Concentration of Business Operators

In accordance with the Anti-Monopoly Law and for better implementation of the Measures for the Examination of the Concentration of Business Operators, The Ministry of Commerce of the People’s Republic of China (“MOFCOM”) announced the Interim Provisions for Implementation of Divestiture of Asset or Business Concerning Concentration of Business Operators (“Interim Provisions”) on July 5, [...]

Published by admin on August 11th, 2010 tagged China Law | Comment now »

Merger Control

The State Council’s 2008 Regulation on Notification Thresholds for Proposed Concentrations of Undertakings implemented the merger provisions of the Antimonopoly Law. Since the adoption of the regulations, the State Council has reviewed over 100 merger transactions, a majority of which have been cleared. Only one transaction was denied outright, while five others were allowed with [...]

Published by admin on July 20th, 2010 tagged China Law | 1 Comment »

MOFCOM Issues New Provisional Regulations on Divestitures

Beijing, China – July 15, 2010
China’s Ministry of Commerce (MOFCOM) recently released new regulations governing the divestiture of assets.  Divestiture is often necessary in order to comply with a merger approval.  Though the new regulations are deemed “provisional” they will be in effect until MOFCOM decides to revise them, which could be a period of [...]

Published by admin on July 15th, 2010 tagged China News | Comment now »

Harbin Pharm

In September 2009 the Chinese Ministry of Commerce (MOFCOM) granted conditional approval to the merger of Pfizer and Wyeth, two pharmaceutical giants, with the condition that Pfizer divest its swine flu vaccine business in China. This conditional approval represented the first instance of MOFCOM ordering a foreign company to divest itself of a China-based business [...]

Published by admin on June 23rd, 2010 tagged China Law, China News, General | 1 Comment »