CVCA Academy MOFCOM Anti-trust Review

中文

CVCA conducted a training course titled MOFCOM Anti-trust Review on August 15 in Shanghai.The course attracted over 30 CVCA members and professionals from non-member companies.

Joyce Li, partner of Han Kun Law Office, briefed the overview of anti-trust notification practice in China to the attendees. She introduced the thresholds that trigger anti-trust notification, procedures and timeline for MOFCOM anti-trust review, anti-trust review results, and the punishment from MOFCOM towards failure to notify a notification concentratoin. Joyce answered several frequently asked questions when deciding if a notification is triggered in a fund-invested transaction, including when to constitute a "Control" pursuant to the thresholds under the anti-monopoly law and how to calculate the turnover of a fund when deciding whether the thresholds are triggered.

In the second session, Yinshi Cao and Tracy Zhou, partners of Han Kun Law Office, analyzed the anti-trust notification involving VIE structures from MOFCOM's Wal-Mart/Newheight and Suning/Honghaizi decisions. They then briefed the current status of legislation of simplified procedures for anti-trust notifications and the impact on anti-trust notifications arising from fund-invested transactions.

The attendees communicated their concerns and questions in practice with three speakers in the Q & A session.