SAMR Further Improves the Delegated Review Mechanism for Concentrations of Undertakings

Recently, the State Administration for Market Regulation (SAMR) has issued the Announcement on Further Improving the Delegated Review Mechanism for Concentrations of Undertakings (the "Announcement"), which will take effect on August 1, 2026.

The Announcement expands the scope of delegated review to cover certain non-summary cases and clarifies that such cases may be delegated for review to the market regulatory authorities of five provinces/municipalities, including Beijing, Shanghai, and Guangdong, where the following criteria are met: (1) in the same relevant market, the combined market share of the undertakings participating in the concentration is between 15% and 25%; (2) in upstream and downstream markets, the market share of each undertaking participating in the concentration is between 25% and 35%; or (3) where the undertakings participating in the concentration are neither in the same relevant market nor in an upstream-downstream relationship, the market share of each undertaking in each transaction-related market is between 25% and 35%. The Announcement also sets out the circumstances under which delegated review shall be terminated and clarifies matters concerning the service of documents. In addition, it designates the market regulatory authorities of Liaoning Province, Zhejiang Province, and Sichuan Province as provincial-level authorities delegated with the review of summary cases, and adjusts accordingly the relevant area covered by delegated provincial-level authorities.



(Source: https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fldzfes/art/2026/art_3313cec141e54a9a93c39b93ba4621ef.html)

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