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O’Melveny’s Bush Authors China Law & Practice Article on Broad Behavioral Remedies Imposed by China’s Ministry of CommerceMay 09, 2014 The article, “MOFCOM Doles Out Preventative Medicine,” which appears in the May/June issue of China Law & Practice, was authored by O’Melveny & Myers partner Nathan Bush. The piece discusses China's Ministry of Commerce’s (MOFCOM) increasingly influential role in antitrust merger review, pointing to the regulator’s assessment of Microsoft's acquisition of Nokia's mobile phones and smart devices, as well as Merck's acquisition of AZ Electronic Materials.
“Microsoft/Nokia and Merck/AZ extend MOFCOM's record of asserting jurisdiction to police the post-transaction conduct of transaction parties through broad behavioral remedies,” Bush writes, adding that this “raises the possibility that the same conduct may be scrutinized by MOFCOM under the merger remedy regime and by the National Development and Reform Commission and the State Administration of Industry and Commerce under general rules against anti-competitive conduct.”
Bush is a member of O’Melveny’s Antitrust and Competition Practice and resides in the Firm’s Singapore office.