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Q：
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What situations does concentration of business operators refer to?
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A：
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Merger of business operators;
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An operator acquires control over another operator by obtaining equity or assets;
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An operator acquires control over another operator or is able to exert decisive influence over another operator through a contract or other means.
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Q：
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Under any of the circumstances of business concentration, it is not necessary to report to the anti-monopoly law enforcement agency of The State Council?
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A：
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Where one business operator participating in the concentration holds more than 50% of the voting shares or assets of each of the other business operators;
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Where more than 50% of the voting shares or assets of each business operator participating in the concentration are owned by the same business operator not participating in the concentration.
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Q：
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What documents and materials should business operators submit when reporting concentration to the anti-monopoly law enforcement agency of The State Council?
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A：
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Application Form;
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Focus on the explanation of the impact on the relevant market competition situation;
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Centralized Agreement;
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The financial accounting report of the previous fiscal year audited by an accounting firm of the business operators involved in the concentration;
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Other documents and materials as prescribed by the anti-monopoly law enforcement agency of The State Council.
The declaration form shall set forth the names, domiciles, business scopes, the scheduled date of implementation of the concentration and other matters as prescribed by the anti-monopoly law enforcement agency of The State Council of the business operators participating in the concentration.
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Q：
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Under what circumstances may the anti-monopoly law enforcement agency of The State Council, upon written notice to the business operator, extend the review period as prescribed in the preceding paragraph, but the maximum extension shall not exceed 60 days?
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A：
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Where the operator agrees to extend the review period;
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The documents and materials submitted by the operator are inaccurate and need further verification;
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Where there are significant changes in the relevant circumstances after the operator's declaration.
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Q：
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Under what circumstances may the anti-monopoly law enforcement agency of The State Council decide to suspend the review period for calculating the concentration of business operators and notify the business operators in writing?
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A：
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The operator fails to submit the documents and materials as required, resulting in the inability to proceed with the review work;
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New circumstances or facts that have a significant impact on the review of business concentration arise, and without verification, the review work cannot be carried out;
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It is necessary to further assess the restrictive conditions attached to the concentration of business operators, and the business operators have made a request for suspension.
From the date when the circumstances that suspended the calculation of the review period are eliminated, the review period shall continue to be calculated, and the anti-monopoly law enforcement agency of The State Council shall notify the operator in writing.
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FAQ
