SAMR Merger Control Statistics in the First Half of 2024

By: Hao Zhan & Ying Song(Anjie Broad China Law Insight)

On July 30, 2024, China’s merger control authority, the State Administration for Market Regulation (SAMR), released its official statistics on merger review cases in the first half of 2024. This note highlights key statistics from SAMR’s report and explores their implications for companies monitoring China’s merger control practices.

1. SAMR Concluded 297 Cases in the First Half of 2024:
   According to SAMR, 297 concentration notifications were reviewed in the first half of 2024, with 282 approved unconditionally. Additionally, 14 notifications were withdrawn by the filing parties after SAMR’s formal acceptance. So far in 2024, SAMR has issued only one remedy decision, involving JX Nippon Mining & Metals Corporation’s acquisition of shares in Tatsuta Electric Wire & Cable Co., Ltd.

Notably, the number of cases in the first half of 2024 is less than half of the 797 cases reviewed in all of 2023. This reduction may be partly attributed to the significant increase in the turnover threshold introduced by SAMR in January 2024.

2. Majority of Cases Processed Under Simplified Procedure:
   Of the 297 cases concluded, the majority were reviewed under the simplified procedure and approved during the preliminary review stage (“Phase I”) within 30 days of formal acceptance. Specifically, 262 cases (88%) were handled via the simplified procedure, with 256 of these approved within 30 days, indicating that most simplified cases receive approval quickly. Considering the pre-acceptance review period, which typically takes 2-4 weeks, the total merger review time for simplified cases in China averages around six weeks.
3. Significant Share of Foreign-to-Foreign Transactions:
   Regarding transaction types, while domestic deals accounted for the largest share (170 cases, or 57%), foreign-to-foreign transactions represented a significant portion, with 89 cases (30%). The remaining 38 cases (13%) involved concentrations between domestic and foreign enterprises.

CONTINUE READING…