Jurisdiction - China
Reports and Analysis
China – MOFCOM Conditionally Approves Google’s Purchase Of Motorola Mobility.

5 July, 2012

 

On May 19, 2012, the Ministry of Commerce (“MOFCOM”) issued the Announcement of Anti-Monopoly Review Decision Approving the Concentration of Business Operators for the Acquisition of Motorola Mobility by Google with Additional Restrictive Conditions, which takes effect immediately. This is the thirteenth conditional approval since China’s Anti-Monopoly Law came into force in 2008 and is the third time MOFCOM has imposed remedies on a transaction that has been unconditionally cleared by antitrust authorities in both the US and EU. MOFCOM and Google reportedly had several rounds of discussions about remedies and the transaction was eventually cleared on the following conditions: (1) Google must keep the Android platform free and open for five years from the date of MOFCOM’s decision; (2) Google must treat OEMs who agree not to divide or derivate the Android platform in a non-discriminatory manner for five years from the date of MOFCOM’s decision; (3) Google must uphold Motorola Mobility's FRAND commitments for licensing patents; and (4) Google must appoint an independent monitoring trustee to supervise its performance of these conditions and must report to MOFCOM and the trustee every six months for the next five years.

 

The full Chinese text of the announcement is available here.  

 

 

For further information, please contact:

 

Elizabeth Cole, Partner, Orrick

ecole@orrick.com
 
Thomas Man, Partner, Orrick
tman@orrick.com
 
Brad Herrold, Orrick
bherrold@orrick.com
 
Veronica Lockyer, Orrick
vlockyer@orrick.com
 
Yan Zeng, Orrick
yzeng@orrick.com

 

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