The Chinese SAMR announces its conditional approval of the merger between a crop science company and a producer of genetically modified seeds following antitrust review (Bayer / Monsanto)

On March 13, 2018, China’s Ministry of Commerce (“MOFCOM”) [1] announced its Conditional Approval following antitrust review of a concentration of undertakings relating to Bayer’s proposed merger with Monsanto (“Merger”) (Bayer and Monsanto are hereinafter collectively referred to as the “Parties”). This matter, plus three other mergers approved with restrictive conditions by MOFCOM or SAMR in 2018, suggests some trends in China’s approach to antitrust merger review, as discussed below. [2] In the Bayer/Monsanto matter, the Parties filed a declaration on concentration of undertakings with MOFCOM on December 5, 2016. Afterwards, the Parties withdrew and refiled the declaration twice, and MOFCOM’s review period for each refiled declaration was extended once, with the last one extended to March

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Authors

  • Orrick, Herrington & Sutcliffe (Beijing)
  • Orrick, Herrington & Sutcliffe (San Francisco)

Quotation

Shelley Zhang, Howard M. Ullman, The Chinese SAMR announces its conditional approval of the merger between a crop science company and a producer of genetically modified seeds following antitrust review (Bayer / Monsanto), 16 April 2019, e-Competitions April 2019, Art. N° 107884

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