Announcement on Further Improving the Entrusted Review System for Business Concentrations Released
ISSUING AUTHORITY:
State Administration for Market Regulation
DATE OF ISSUANCE：
March 19, 2026
EFFECTIVE DATE：
August 1, 2026
To further improve the entrusted review system of business concentration, the State Administration for Market Regulation (SAMR) issued the Announcement on Further Improving the System for the Entrusted Review of Business Concentration (the “Announcement”) on March 19, 2026, which will come into effect on August 1, 2026.
The Announcement’s key areas include:
1. Increasing the Number of Entrusted Cases
Based on its work requirements, SAMR may entrust the review of summary cases the local market regulation departments of five provinces, namely Beijing, Shanghai, Guangdong, Chongqing and Shaanxi where the following criteria are met:
(1) In the same relevant market, the combined market share of the two merging operators is between 15% and 25%;
(2) In both the upstream and downstream markets, the market share held by the concentrated operators ranges from 25% to 35%;
(3) In the case of two merging operators not in the same relevant market, and the two merging operators without any upstream or downstream relationships, their market share in each market related to the transaction is between 25% and 35%.
2. Termination of the Entrustment Situation
For normal cases that meet any of the 5 circumstances set out below, the provincial-level market supervision department entrusted shall promptly report the matter to SAMR and transfer the relevant materials to it after which SAMR shall promptly terminate the entrustment:
(1) Those that do not meet the standards for summary cases as stipulated in this Announcement;
(2) The transaction was carried out before the application was submitted or before the review decision was made, it constituted the illegal implementation of an operator concentration;
(3) The case entrusted did not meet the filing standards, and the parties involved requested to withdraw the filing;
(4) The transaction has been canceled or there have been significant changes to the transaction. The parties concerned have applied to withdraw the declaration;
(5) Other circumstances where SAMR believes the entrustment should be terminated.
3. Service of Document
(1) During the process of entrusting review for normal cases, if it is necessary to seek written opinions from relevant government departments, industry associations, etc., or individuals, SAMR will issue a consultation letter.
(2) For summary cases where the review is entrusted, the following documents shall be stamped with the exclusive anti-monopoly seal of SAMR: the withdrawal notice of the declaration, the return of the declaration notice, the decision not to conduct further review, the decision not to prohibit, and the decision to suspend/recover the calculation of the review period. Other review documents shall be stamped with the seal of the provincial-level market supervision department that has been entrusted. The words "Entrusted by SAMR" shall be noted in the documents. For cases where approval or prohibition is subject to additional restrictive conditions, the review decision announcement shall be issued by the SAMR.
4. Increasing Entrusted Cases to Provincial Market Supervision Departments for Handling
Add the market supervision departments of Liaoning Province, Zhejiang Province and Sichuan Province as the provincial-level market supervision departments entrusted with handling summary cases. The corresponding areas covered by the entrusted provincial-level market supervision departments are adjusted accordingly.
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