Hogan Lovells Publications
"Client Alert-MOFCOM Imposes Divestiture Obligation in Its Approval of Private Equity Transaction."
07 November 2011
Jun Wei
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On 31 October 2011, China's Ministry of Commerce (MOFCOM) cleared the acquisition of Savio Macchine Tessili S.p.A. by Alpha Private Equity Fund V subject to certain conditions. This is the eighth occasion on which MOFCOM has attached conditions to its decision approving a transaction under the Anti-Monopoly Law (AML), but it is the first conditional decision relating to a private equity investor. The decision also sheds some light on how MOFCOM deals with minority interests under the merger control rules contained in the AML.
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