The Chinese MOFCOM clears conditionally an acquisition imposing both structural and behavioural remedies (Glencore / Xstrata)

MOFCOM cleared Glencore’s acquisition of Xstrata with Conditions* On April 16, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Xstrata plc (“Xstrata“) by Glencore International plc (“Glencore“) with conditions. Both structural and behavioral remedies are involved in the conditions. The over 8,000-word decision issued by MOFCOM contains the most detailed competition analysis that has ever been published. In addition, for the very first time, the full text of the parties’ final commitment proposals were published together with the clearance decision, providing more insights regarding the implementation of the remedies. Review Timeline According to MOFCOM’s announcement, the first submission was made on April 1, 2012, and was officially accepted on May 17, 2012.

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  • King & Wood Mallesons (Beijing)

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Susan Ning, The Chinese MOFCOM clears conditionally an acquisition imposing both structural and behavioural remedies (Glencore / Xstrata), 16 April 2013, e-Competitions Bulletin April 2013, Art. N° 55167

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