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ARTICLE · 23 MAY 2014

China’s MOFCOM Conditionally Clears Microsoft/Nokia And Merck/AZ

Jones Day
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The Ministry of Commerce has issued two conditional approval decisions relating to Microsoft’s acquisition of Nokia, and Merck’s acquisition of AZ Electronics.

ChinaAntitrust/Competition Law
Peter Wang
Peter Wang
Yizhe Zhang
Yizhe Zhang
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China's Ministry of Commerce has issued two new conditional approval decisions relating to Microsoft's acquisition of Nokia, and Merck's acquisition of AZ Electronics. These decisions show that MOFCOM will pay close attention to the intellectual property rights owned by the parties to the transaction and will impose remedies where it feel that, in its view, such rights can be misused, especially if to the detriment of Chinese licensees.

Microsoft/Nokia

On April 8, MOFCOM approved Microsoft's acquisition of Nokia's mobile handset business. MOFCOM's review focused on three product markets:  smartphones, mobile operating systems, and the licensing of standard-essential and non-essential patents for smartphones. Geographically, MOFCOM focused on potential impact on the China market.

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