Given Didi's reported high market share, any increment would attract MOFCOM's attention. But for the parties to seek pre-closing approval, each has to meet the minimum sales threshold. That's where it's unclear whether an anti-trust filing would be required.

Marc Waha

Categorized in : Mergers & Acquisitions

Because the statutory maximum fine is very low, MOFCOM decided to start 'naming and shaming' noncompliant parties in late 2014, mOFCOM officials remain frustrated, however, with some parties thinking the low sanctions are worth taking the risk, and have publicly advocated for an increase in these sanctions when China's Antimonopoly Law is revised.

The new procedure has allowed MOFCOM officials to focus on more substantive matters, including enforcement against noncompliance.