MOFCOM’s prophylactic approach toward Google‘s control of Motorola Mobility‘s patent portfolio is reminiscent of its approach in InBev/Anheuser-Busch, and may again also reflect the fact that MOFCOM would have no jurisdiction if there is post-acquisition anti-competitive conduct. It may also reflect skepticism toward analyses of probable motivation to act anticompetitively, whereas the European Commission relied on information from market participants that would indicate a lack of incentive for Google to act in a discriminatory manner towards handset makers. The decision is also significant in applying only competition analysis to an entity, Google, that is at odds with the government on censorship. It is an indication that MOFCOM will segregate non-economic factors from its merger control enforcement.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Antitrust & Trade Regulation Updates, Mergers & Acquisitions Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP | Attorney Advertising