Earlier we’ve blogged about the role of professional translation services in the global economy. As China continues to develop as a dominant international business player, it is essential for the international lawyer to understand China’s antitrust review process, and the role of English-Chinese and Chinese-English legal translations in this process.
According to Chinese law, the antitrust review process is implemented in order to control merger compliance. Per Guidance Notes on Merger Control Filing for Acquisition of Domestic Enterprises by Foreign Investors, parties must follow the strict procedures pertaining to such matters as which party is responsible for filing, the timing of filing and what materials are required for proper filing. One of the most intriguing factors of the review process is the right for either or both of the merging parties to request a pre-filing consultation with a departmental leader.
The purpose of these consultations is to ensure that the parties understand the procedure and are able to complete a proper filing. However, to take advantage of this beneficial safety net, it is essential for the requesting party to have an English-Chinese language interpreter on hand, along with a foreign language translation of all non-Chinese documents. Therefore, to ensure compliance and to conduct a proper filing, all documents should undergo a professional foreign language translation before being submitted for consultation.
See Pend, Wu and Jiang John. 2007: “New Developments in Antitrust Review Practice.” Global Competition Review.