Though article 8 does not specify when it will be the best time prior to the notification to submit the application for consultation, it may be at least 1 or 2 months before the submission of the notification but not longer than 6 months in consideration of the fast changes and development of the markets and legislation.

　　In the Explanation on the Concentration Rules by the AMB on 12 January 2010 [9](“the Explanation”), it is also mentioned that the pre-notification consultation can be used by the undertakings concerned if they do not know whether the proposed concentration should be notified to the AMB.

　　(2) Notifying partyThe Notification Rule provides for the notifying party as the following:

　　1) If the concentration is in the form of merger, all the undertakings concerned shall be the notifying parties;2) If the concentration is in the form of other than merger, the undertakings acquiring control or being able to confer the decisive influence shall be the notifying parties.

　　3) If the notifying parties in the above 2) do not submit the notification to the AMB, the other undertakings concerned may notify the AMB.

　　In terms of Chinese language, there is ambiguity on whether 3) is applicable to 1) in the Chinese text of the Notification Rule. Although the other undertakings have the right to submit the notification, we see the least possibility of occurrence owing to their position in the concentration deal. As independent businesses, the other undertakings will undoubtedly like the concentration deal to be successfully completed and reduce the approvals such as the examination of the AMB on the concentration as less as possible. In addition, when the other undertakings can submit the notification to the AMB is not clarified. All these will affect the liability of the undertakings concerned who should notify the concentration but fails to do so in the penalty aspect. The Notification Rule also allows the notifying parties to authorize an agent to handle the notification, which will allow professionals such as attorneys to assist the undertakings concerned.

　　(3) Documents required to be submitted1) Documents listArticle 10 of the Notification Rule lists the documents required to be submitted:

　　a. A letter of Notification. The letter of notification shall indicate the name, domicile, and scope of business of the undertakings concerned and the date of the proposed concentration, as well as the ID certificates or the registration certificates of the notifying parties. In case of notification by agent, the power of attorney signed by the notifying parties shall be submitted.

　　b. An explanation on impacts of such concentration on competition in the relevant market. Specifically, such explanation shall include: outline of the concentration transaction; definition of the relevant market; market shares of the undertakings concerned in the relevant market and their control power over the market; main competitors and their market shares; concentration rate of the market; market access; current development situations of the industry; impacts of such concentration on market competition structure, industrial development, technical progress, national economic development, consumers and other undertakings; and assessment of the impacts of such concentration on the relevant market competition and basis thereof.

　　c. Concentration agreements and the relevant documents, specifically including: concentration agreement documents of various types, such as agreement, contract and corresponding supplementary documents, etc..