MOFCOM’s Decision in Novartis/Alcon: First Swiss Companies Subject to China’s Anti-Monopoly Law (in German)

Abstract

August 1, 2010 was a day of celebration in China — of some sort. On that day, China's Anti-Monopoly Law (AML) celebrated its second anniversary.

Around two weeks later, the Ministry of Commerce (MOFCOM) adopted the first public decision in an investigation under the AML which involved a Swiss company — actually, more than one Swiss company: On August 13, it cleared the acquisition by life sciences company Novartis of a majority stake in rival Alcon, but only subject to conditions. The seller was Nestlé.

Note: Downloadable document is in German.

Keywords: Competition Law, Antitrust, China, Anti-Monopoly Law, Merger Control, MOFCOM