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O’Melveny’s Bush Authors Article for China Law & Practice on MOFCOM’s New Simple Case Standards

March 11, 2014

O’Melveny & Myers partner Nate Bush discusses the new provisions recently released by China’s Ministry of Commerce (MOFCOM), Tentative Provisions on the Criteria Applicable to Simple Cases of Concentrations of Business Operators (Simple Case Standards), in China Law & Practice’s March/April 2014 issue. The article, titled “Simple Case Standards for Merger Review,” focuses on the criteria and procedures underlined in the Simple Case Standards and whether or not these provisional measures will truly expedite MOFCOM's merger review process. Bush explains that the Simple Case Standards “address concerns about MOFCOM’s swelling caseload, and the resulting lengthy merger review periods in China.” Bush notes that while these standards are a major step towards more efficient docket management, several key procedural issues still remain unresolved. MOFCOM is reportedly drafting new procedural rules for these simple cases, according to the article.

Bush is a member of O’Melveny’s Antitrust and Competition Practice, and resides in the Firm’s Singapore office.