ARTICLE
16 February 2018

China Continues To Impose Behavioral Remedies In Merger Cases

BM
Baker & McKenzie

Contributor

Baker & McKenzie
China's Ministry of Commerce (MOFCOM) conditionally cleared seven cases in 2017 (five in the fourth quarter), of which six involved behavioral remedies.
China Corporate/Commercial Law

China's Ministry of Commerce (MOFCOM) conditionally cleared seven cases in 2017 (five in the fourth quarter), of which six involved behavioral remedies. For example, in Hewlett-Packard/Samsung Printers, HP was required to refrain from engaging in any tying practices. In its conditional approval of Advanced Semiconductor/Siliconware Precision Industries, MOFCOM required the merging parties to maintain the independence of some of their businesses, even after the merger was completed. (MOFCOM last imposed this "hold-separate" remedy in 2013, in MediaTek/MStar.)

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