China Competition: SAMR Further Improves the Delegated Review Mechanism for Concentrations of Undertakings
Published 25 March 2026
Yu Du
On 20 March 2026, the Anti-Monopoly Enforcement Department II of the State Administration for Market Regulation (SAMR) issued the Announcement on Further Improving the Delegated Review Mechanism for Concentrations of Undertakings, which will come into effect on 1 August 2026.
Since 1 August 2025, SAMR has formally delegated certain antitrust review tasks for concentrations of undertakings to provincial-level market regulation authorities in Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi.
This new announcement further refines and expands the delegation framework, particularly with respect to non-simplified cases and the scope of entrusted authorities.
1. Expansion of Delegated Review for Certain Non-Simplified Cases
1) Circumstances for Delegation
SAMR may delegate the review of certain non-simplified cases to designated provincial-level authorities where the following thresholds are met:
i) In the same relevant market, the combined market share of the undertakings involved is between 15% and 25%;ii) In vertically related markets, the market share of each undertaking involved is between 25% and 35%;iii) Where undertakings are neither competitors nor vertically related, their market shares in each transaction-related market fall between 25% and 35%.
These cases will be allocated among five entrusted authorities (Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi), each responsible for specified regional jurisdictions.
2) Circumstances for Termination of Delegation
Delegation must be terminated and the case transferred back to SAMR if any of the following occurs:
i) The case no longer meets the delegation criteria for non-simplified cases;ii) The transaction has already been implemented before filing or before a decision is issued, constituting illegal implementation;iii) The case does not meet filing thresholds and the parties apply to withdraw;iv) The transaction is cancelled or undergoes major changes, and the parties apply to withdraw;v) Other circumstances where SAMR deems termination necessary.
3) Procedural Arrangements and Document Issuance
During delegated review, procedural responsibilities are divided between SAMR and the entrusted authorities. Requests for opinions from government bodies, industry associations, or relevant stakeholders are issued by SAMR. Certain key procedural documents, including decisions on withdrawal, return of filings, non-prohibition decisions, and decisions on suspension or resumption of review timelines, bear the official anti-monopoly seal of SAMR.
Other review documents are issued by the entrusted provincial authorities, with a clear indication that they act under delegation from SAMR. Where a case results in conditional approval or prohibition, the final decision is announced by SAMR.
2. Expansion of Entrusted Authorities for Simplified Cases
The announcement also expands the scope of authorities handling simplified cases. In addition to the existing authorities, Liaoning, Zhejiang, and Sichuan provincial market regulation departments are newly included.
Following this adjustment, a total of eight provincial-level authorities are now responsible for reviewing simplified cases, with updated regional allocations designed to improve efficiency and workload distribution.
Comment
This development reflects SAMR’s continued effort to enhance administrative efficiency in merger control while maintaining centralized authority over key decisions. By extending delegation to a broader range of cases and authorities, the system is expected to reduce review timelines and improve regulatory responsiveness. At the same time, the retention of final decision-making powers at the central level ensures consistency and stability in China’s antitrust enforcement framework.
Since 1 August 2025, SAMR has formally delegated certain antitrust review tasks for concentrations of undertakings to provincial-level market regulation authorities in Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi.
This new announcement further refines and expands the delegation framework, particularly with respect to non-simplified cases and the scope of entrusted authorities.
1. Expansion of Delegated Review for Certain Non-Simplified Cases
1) Circumstances for Delegation
SAMR may delegate the review of certain non-simplified cases to designated provincial-level authorities where the following thresholds are met:
i) In the same relevant market, the combined market share of the undertakings involved is between 15% and 25%;ii) In vertically related markets, the market share of each undertaking involved is between 25% and 35%;iii) Where undertakings are neither competitors nor vertically related, their market shares in each transaction-related market fall between 25% and 35%.
These cases will be allocated among five entrusted authorities (Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi), each responsible for specified regional jurisdictions.
2) Circumstances for Termination of Delegation
Delegation must be terminated and the case transferred back to SAMR if any of the following occurs:
i) The case no longer meets the delegation criteria for non-simplified cases;ii) The transaction has already been implemented before filing or before a decision is issued, constituting illegal implementation;iii) The case does not meet filing thresholds and the parties apply to withdraw;iv) The transaction is cancelled or undergoes major changes, and the parties apply to withdraw;v) Other circumstances where SAMR deems termination necessary.
3) Procedural Arrangements and Document Issuance
During delegated review, procedural responsibilities are divided between SAMR and the entrusted authorities. Requests for opinions from government bodies, industry associations, or relevant stakeholders are issued by SAMR. Certain key procedural documents, including decisions on withdrawal, return of filings, non-prohibition decisions, and decisions on suspension or resumption of review timelines, bear the official anti-monopoly seal of SAMR.
Other review documents are issued by the entrusted provincial authorities, with a clear indication that they act under delegation from SAMR. Where a case results in conditional approval or prohibition, the final decision is announced by SAMR.
2. Expansion of Entrusted Authorities for Simplified Cases
The announcement also expands the scope of authorities handling simplified cases. In addition to the existing authorities, Liaoning, Zhejiang, and Sichuan provincial market regulation departments are newly included.
Following this adjustment, a total of eight provincial-level authorities are now responsible for reviewing simplified cases, with updated regional allocations designed to improve efficiency and workload distribution.
Comment
This development reflects SAMR’s continued effort to enhance administrative efficiency in merger control while maintaining centralized authority over key decisions. By extending delegation to a broader range of cases and authorities, the system is expected to reduce review timelines and improve regulatory responsiveness. At the same time, the retention of final decision-making powers at the central level ensures consistency and stability in China’s antitrust enforcement framework.