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ARTICLE · 07 MAY 2013

MOFCOM Cleared Marubeni’s Acquisition of Gavilon with Conditions

The conditional clearance was issued by MOFCOM almost 11 months after Marubeni's first submission of the notification.

ChinaAntitrust/Competition Law

On April 22, 2013, the Ministry of Commerce ("MOFCOM") cleared the proposed acquisition of Gavilon Holdings, LLC ("Gavilon") by Marubeni Corp ("Marubeni") (the "Transaction") with conditions. This is the second case conditionally cleared by MOFCOM in April, coming just days after the conditional clearance of Glencore/Xstrata. To obtain the clearance, Marubeni shall keep separate and independent China soybean import and distribution businesses between Marubeni's and Gavilon's.

Review Timeline

The conditional clearance was issued by MOFCOM almost 11 months after Marubeni's first submission of the notification. According to MOFCOM's announcement, the first submission was made on June 19, 2012, and officially accepted on July 31. MOFCOM raised its concerns in Phase II and decided to open extended Phase II, expiring on January 27, 2013, upon the filing parties' consent. During this period, the parties submitted remedy proposals, which were found as insufficient for

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