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ARTICLE · 26 AUGUST 2010

MOFCOM Issues Conditional Clearance of Novartis/Alcon Transaction

On 13 August 2010, China's merger control agency — the Ministry of Commerce (MOFCOM) — published its verdict on the Novartis/Alcon transaction on its website. MOFCOM allowed the proposed acquisition of Alcon by Novartis to go ahead, subject to conditions.

United StatesAntitrust/Competition Law

On 13 August 2010, China's merger control agency — the Ministry of Commerce (MOFCOM) — published its verdict on the Novartis/Alcon transaction on its website. MOFCOM allowed the proposed acquisition of Alcon by Novartis to go ahead, subject to conditions.

The Novartis/Alcon decision was released almost ten months after the last decision where MOFCOM had imposed conditions to approve a merger. Given that MOFCOM only has a legal obligation to make public conditional approval decisions or prohibitions, implicitly this means that all other notified transactions during this period must have been cleared unconditionally.

The decision

Novartis notified the proposed transaction to MOFCOM in April 2010. Headquartered in Switzerland, Novartis is one of the world's top life sciences companies, with a broad business portfolio. Alcon is a smaller player in the life sciences field, with a high degree of specialization in eye care products.

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