The Chinese State Administration for Market Regulation approves a merger between two digital technology companies subject to remedies, including divestments and commitments to supply customers on fair, reasonable and non-discriminatory terms (Siltronic / GlobalWafers) (AMD / Xilinx)
In January 2022, the State Administration of Market Regulation ("SAMR") conditionally approved two merger transactions in the technology sector - the acquisition of Siltronic AG by Global Wafers and the acquisition of Xilinx by Advanced Micro Devices. These two cases demonstrate SAMR's ongoing mandate to regulate activity taking place in the growing digital and technology sectors. Key takeaways The SAMR approved the Siltronic / GlobalWafers transaction subject to a number of remedies, including requiring the merged entity to divest a part of its business and commit to supply customers on fair, reasonable and non-discriminatory terms ("FRAND Terms"). While the transaction was cleared, the parties were ultimately unable to obtain foreign direct investment approval in Germany by the long-stop
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