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ARTICLE · 07 MAY 2013

MOFCOM cleared Glencore’s acquisition of Xstrata with Conditions

The over 8,000-word decision issued by MOFCOM contains the most detailed competition analysis that has ever been published.

ChinaAntitrust/Competition Law

On April 16, 2013, the Ministry of Commerce ("MOFCOM") cleared the proposed acquisition of Xstrata plc ("Xstrata") by Glencore International plc ("Glencore") with conditions. Both structural and behavioral remedies are involved in the conditions.

The over 8,000-word decision issued by MOFCOM contains the most detailed competition analysis that has ever been published. In addition, for the very first time, the full text of the parties' final commitment proposals were published together with the clearance decision, providing more insights regarding the implementation of the remedies.

Review Timeline

According to MOFCOM's announcement, the first submission was made on April 1, 2012, and was officially accepted on May 17, 2012. MOFCOM raised competition concerns during the Phase II period, and upon agreement by the parties, MOFCOM decided to extend the Phase II period, which would expire on November 13, 2012. Two rounds of remedy proposals were submitted by the

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