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ARTICLE · 06 JUNE 2011

The Russian Potash Deal - first conditional clearance of 2011

On June 2, 2011, Ministry of Commerce (MOFCOM) publicly announced the first conditional merger clearance in 2011. An article which discusses the salient points to note vis-à-vis this conditional clearance.

ChinaAntitrust/Competition Law
Angie Ng
Angie Ng
Chai Zhifeng
Chai Zhifeng

On June 2, 2011, Ministry of Commerce (MOFCOM) publicly announced the first conditional merger clearance in 2011. At its [2011] No. 33 Announcement, MOFCOM cleared Uralkali's proposed acquisition of Silvinit (the Parties) (both potash producers based in Russia) with conditions.  This is the 7th conditional merger clearance since the enactment of the Anti-monopoly Law (AML) in 2008.   MOFCOM is obliged by statute to publish conditional clearances. 

The following are the salient points to note vis-à-vis this conditional clearance:

  • MOFCOM officially accepted the Parties' merger control submission on 14 March 2011.  This filing entered into Phase 2 review on 12 April 2011.  MOFCOM decided to clear this transaction with conditions on 2 June 2011.

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