China:
China Continues To Impose Behavioral Remedies In Merger Cases
16 February 2018
Baker & McKenzie
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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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