Conditional Approval

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By Susan Ning, Ziqing Zheng and Rui Li

On August 13, 2013, China’s Ministry of Commerce (MOFCOM) announced on its website that it has conditionally approved the $4 billion acquisition of Swedish medical technology company Gambro AB by Baxter International.

Baxter is a US-based healthcare company, which develops, manufactures and markets products used in the treatment of patients suffering from hemophilia, immune disorders, infectious diseases, kidney disease, trauma, and other acute medical conditions.
Continue Reading MOFCOM Conditionally Cleared Baxter’s $4 Billion Acquisition of Gambro

By Susan Ning, Ji Kailun and Hazel Yin 

On December 6th, 2012, the Ministry of Commerce (“MOFCOM“) cleared the proposed establishment of a joint venture (“JV“) by ARM Holdings plc (“ARM“), a UK semiconductor intellectual property (“IP“) supplier, Giesecke & Devrient GmbH (“G&D“) and Gemalto NV (“Gemalto“), both providers of security solutions, with behavioral conditions.  This marks the third conditional clearance of JVs issued by MOFCOM.  The JV will be engaged in providing security solutions named trusted execution environments (“TEE“) for consumer electronic devices. …

Continue Reading MOFCOM cleared Joint Venture between ARM, Giesecke & Devrient and Gemalto with Conditions

By Susan Ning and Hazel Yin

On May 19, 2012, MOFCOM cleared, with conditions, Google’s acquisition of Motorola Mobility ("Motorola"), a USD 12.5 billion deal and the largest ever in Google’s M&A history.  The deal was announced in August 15, 2011 and obtained unconditional approval from the United States’ Department of Justice and the European Commission in February 2012.  This article outlines the major points of MOFCOM’s conditional clearance decision of the Google/Motorola deal  ("Decision").…

Continue Reading MOFCOM Cleared Google/Motorola Deal with Conduct Remedies

By Susan Ning, Ji Kailun and Hazel Yin

On March 2nd, 2012, the acquisition by Western Digital ("WD") of Hitachi Global Storage Technologies ("Hitachi") finally received conditional nod from the Ministry of Commerce ("MOFCOM"), three month after MOFCOM conditionally cleared the Seagate/Samsung deal1 .

Review Timeline

According to MOFCOM’s announcement 2, this review process is particularly lengthy: the first submission was made on April 2nd, 2011, while the clearance was obtained 11months later.  During this period, this filing was withdrawn by WD shortly before the expiry of the Extended Phase II due to "significant changes of facts".  On November 7th, 2011, WD re-submitted the notification and the filing was cleared at the end of the second round of Phase II.…

Continue Reading Western Digital/Hitachi Received Conditional Nod from MOFCOM