The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi)

Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal Trade Commission (FTC) or U.S. Department of Justice (DOJ) in the same transactions. In the past four months, MOFCOM has issued a record five decisions imposing conditions for clearance on international transactions. By contrast, the EU and U.S. competition agencies imposed remedies in only one of those same five transactions. Moreover, four of the five decisions involved truly international transactions carried out between non-Chinese entities. The fifth involved a Chinese joint venture between a

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Hong Kong)

Quotation

Simon Baxter, Andrew L. Foster, The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi), 2 March 2012, e-Competitions Bulletin March 2012, Art. N° 45395

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