Tag Archives: MOFCOM

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MOFCOM Issues Rules on Contributions of Equity Interests to FIEs

MOFCOM Issues Rules on Contributions of Equity Interests to FIEs

On October 22, 2012, the Interim Provisions of the Ministry of Commerce on Contributions of Equity Interests Involving Foreign Invested Enterprises (Interim Provisions) took effect.  The Interim Provisions apply to contributions of an equity interest in a domestic enterprise (Equity Enterprise) held by a foreign or domestic investor (Investor) in a foreign invested company (Invested Enterprise).  The equity contribution can create a newly established foreign invested enterprise (FIE), or it can take the form of a capital increase to an existing FIE or to an existing domestic enterprise, which is then converted into an FIE.  The Interim Provisions do not apply to situations where an Investor contributes its equity in an offshore company.  In addition, contributions of equity interests in real estate, investment or venture capital enterprises, or where otherwise prescribed by law, are not permitted. More…

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Merger Control Watch (16) MOFCOM Conditional Clearance on Wal-Mart – Yihaodian Merger

The 5th decision published in 2012 (A total of 16 merger review decisions were published since 2008), and first published case involving an instance of control “by way of contract or via other means” (Article 20(iii) of AML) through reference to the VIE structure More…

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China Merger Control Watch (15) MOFCOM Conditional Clearance of United Technologies – Goodrich Merger

On Friday, 15 June 2012, the Ministry of Commerce of China (MOFCOM) conditionally cleared United Technologies (UTC)’s $16.5 billion acquisition of Goodrich, which is the 7th decision published in the last 8 months (A total of 15 merger review decisions were published since 2008). Attached please find a bilingual version of the UTC – Goodrich decision prepared by Zhong Lun antitrust and competition team for your reference.

Below are some highlights: More…

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MOFCOM Amended Merger Notification Form

MOFCOM has just published the amended Notification Form of Anti-Monopoly Review for Concentrations of Undertakings, which will take effect as of 7 July 2012. The new form will have a material implication for any upcoming merger notification which cannot be formally submitted before 7 July.

We have prepared a preliminary English translation of the amended notification form and its endnotes.

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Merger Control Watch (14) MOFCOM Conditional Clearance on Google – Motorola Mobility Merger 2012-6-12 10:22:03

On Saturday, 19 May 2012, the very last day of the permissible maximum period for merger control review under China’s Anti-monopoly Law (the “AML”), the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) conditionally cleared Google Inc. (“Google”)’s acquisition of Motorola Mobility Holdings, Inc. (“Motorola Mobility”) (the “Acquisition”). More…

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