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China Legal News
The Promulgation of New Merger-Control Regulations
(Ref. Anti-Monopoly Law)

The Ministry of Commerce (“MOFCOM”) issued the Measures for the Reporting of Concentrations of Business Operators

(“Review Measures”) on November 24, 2009. Both of the regulations related to Anti-Monopoly Law will take effect on January 1, 2010.

The Reporting Measures mainly the following respects:

  • The definition of “Concentrations of Business Operators”;
  • The definition of “Turnover of the Business Operators” and the specific calculation methods of the turnover under different circumstances;
  • The list of documents for the reporting.

The Review Measures mainly regulate the issues as follows:

  • The MOFCOM is in charge of reviewing the reporting of concentrations of business operators;
  • The hearings can be held during the review and the regulations & procedures of the hearings are also stipulated;
  • The review is divided into two parts: preliminary review and further review;

Notice on Interpretation and Determination of The Concept of "Beneficial Owner" for The Application of Tax Treaties
The State Administration of Taxation issued the “Notice on Interpretation and Determination of Beneficial Owner under Tax Treaties” (the "Notice").

The Notice intends to regulate the acts of foreign companies preventing them from taking advantage of the “double taxation arrangements” signed by China.