New filing form to increase burden in Chinese merger control process

On 6 June, 2012, China’s Ministry of Commerce (MOFCOM) posted online a revised template form for filing merger clearance applications in China. The new form should be used for merger notifications filed after 7 July. As a result, companies applying for MOFCOM merger clearance need to brace themselves for ever more onerous information and document production obligations.

Similar to the European Commission’s Form CO, an application for MOFCOM clearance needs to be made by filing a completed template form with MOFCOM together with the supporting documentation. Hence, understanding the filing form is key for merging parties to appraise the amount of information and documentation they need to submit to MOFCOM when seeking merger clearance.

In addition to the form itself, MOFCOM issued some clarifications on the scope of the information and documentary requirements in the footnotes to the form…

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