The Ministry of Commerce issued an anti-monopoly review on September 28, conditionally approving US General Motors' acquisition of Delphi, an auto parts manufacturer.
The Ministry of Commerce believes that there is no horizontal overlap between GM and Delphi's products and businesses, but there are vertical relationships in the upstream and downstream markets. Concentration of this operator may have the effect of eliminating or restricting competition, which will have an adverse effect on the Chinese auto vehicle market and the competition in the upstream auto parts market.
The Ministry of Commerce stated that it decided to accept the solutions proposed by both parties and impose restrictive conditions to approve the concentration of this operator.
These restrictive conditions include: After the completion of the centralized transaction, GM and Delphi shall ensure that Delphi, its affiliates controlled and actually controlled by Delphi, will continue to supply domestic automobile manufacturers without discrimination, and shall not directly exclude or limit the affiliates directly or indirectly. Unfair conditions for competition.
General Motors shall not illegally seek to obtain competitive confidential information from other domestic auto makers owned by Delphi. Delphi shall not illegally disclose to GM the competitive confidential information of other domestic auto makers it holds. Both parties shall not illegally cross each other in a formal or informal manner. Exchange and communicate third-party competitive confidential information.
GM and Delphi shall ensure that Delphi and its affiliates controlled and controlled by Delphi shall meet the legitimate requirements of customers and cooperate with customers in the smooth transition of suppliers. They shall not intentionally delay or set or claim restrictive conditions in order to increase the conversion costs of other vehicle manufacturers. In order to achieve the effect of restricting competition, General Motors should continue to follow the principle of multi-source supply and non-discrimination for the procurement of all its auto parts, purchase it without discrimination in conformity with the relevant requirements of the general company, and must not formulate special benefits for Delphi. Unfair conditions unfavorable to other suppliers.
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