On 20 December 2024, China’s State Administration for Market Regulation (SAMR) published new guidelines on horizontal mergers. Comprising of 87 articles and 29 case studies, the guidelines include chapters on evidence and filing materials, relevant market definitions, market share and market concentration, unilateral effects, coordinated effects, market entry analysis, buyer power and efficiency, among others.
In an article for PaRR, RBB’s Yan YuYan YuPartner explained that when it comes to “new” economic analysis in merger review, these guidelines officially adopt an analytical framework for assessing coordinated effects that is theoretically sound and consistent with practices in other jurisdictions such as the EU and Australia. This is very encouraging and could pave the way for a more robust and analytical approach going forward.
Subscribers to PaRR can read the full article on their website here.