8. ConclusionThe efforts of the AMB have been reflected through the promulgation of the Notification Rule and the Examination Rule, by which we see a more transparent and efficient notification and examination procedures. This will definitely promote the merger and acquisition deals with a China dimension in the era of post crisis. In terms of the conflicts between the Concentration Rules and the guidelines issued before by the AMB, the Explanation says that the Concentration Rules shall prevail.
On the other hand, we also note that there is still a long way to go for the AMB to carry out its administration and supervision responsibilities, such as the argument procedure in the hearing, the time limit for some procedures, the supervision of the AMB on the implementation of the restrictions and the standard on the feasibility of the restrictions, etc. In this regards, China still needs the practice of the AMB in the concentration to fill in the gaps between China and the west such as the U.S. and EU.
Disclamier:
This article is the general comments of the author and can not be construed and constitute an formal legal opinion. If you need the legal opinion, please contact the author Edwin Zhiguo Li by email
edwinzhiguoli@gmail.com> or mobile 0086-15010017763.
【作者简介】
李治国，美国查德本派克律师事务所北京代表处。
【注释】 adopted at the 29th meeting of the Standing Committee of the Tenth National People''s Congress of the People''s Republic of China on August 30, 2007, is hereby promulgated, and shall be effective as of August 1, 2008.
http://fldj.mofcom.gov.cn/aarticle/ztxx/200903/20090306108494.html, visit on 5 January 2010
http://fldj.mofcom.gov.cn/aarticle/ztxx/200910/20091006593175.html, visit on 5 January 2010
http://fldj.mofcom.gov.cn/aarticle/zcfb/200901/20090106011461.html, last visit on 3 Feb. 2010.
http://www.antimonopolylaw.org/Article/default.asp?id=446, visit on 12 January 2010.
Ibid 5, visit on 12 January 2010.
Ibid 5.
The undertaking concerned here means the direct participants of theconcentration.
http://www.mofcom.gov.cn/aarticle/zhengcejd/bj/201001/20100106740352.html, last visit on 26 January 2010.
http://fldj.mofcom.gov.cn/aarticle/zcfb/200901/20090106011511.html, last visit on 5 February 2010
Adopted at the 4th session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on August 27, 2003. It is hereby promulgated and shall be implemented as of July 1, 2004.
http://fldj.mofcom.gov.cn/aarticle/zcfb/200901/20090106010097.html, last visit on 20 January 2010.
Adopted at the Second Session of the Seventh National People’s Congress on April 4, 1989, promulgated by Order No.16 of the President of the People’s Republic of China on April 4,1989, and effective as of October 1,1990
http://news.sohu.com/20091229/n269291146.shtml>, last visit on 20 January 2010.
Ibid 5, last visit on 5 February 2010.
