UPDATE:China Conditionally OKs Mitsubishi Rayon,Lucite Deal
April 27 2009 - 6:22AM
Dow Jones News
China's Ministry of Commerce has given conditional approval for
Mitsubishi Rayon Co. (3404.TO) to buy Lucite International Group
Ltd., mandating that the U.K.-company divest half its production
capacity in China among other requirements.
In a statement on its Web site Friday, the Ministry of Commerce
raised concerns that the deal would give the combined company a 64%
market share in China for methylmethacrylate, or MMA, a compound
used in the production of plastics.
The ministry said it will approve the deal if Mitsubishi Rayon
and Lucite agree to its terms.
China's approval clears the way for the $1.6 billion deal to be
closed around the end of May, Mitsubishi Rayon said Monday.
China's new anti-monopoly law allows the Ministry of Commerce to
issue rulings on global mergers and acquisitions even if the
companies involved aren't Chinese.
In November, the Ministry of Commerce approved the merger of
Belgian-Brazilian beer giant InBev's acquisition of Anheuser-Busch
Cos., but put restrictions on the combined firm's investments in
China.
In a controversial ruling in March, the Ministry rejected the
proposed purchase of Huiyuan Juice Group Ltd. by Coca-Cola Co.
In a note on Monday, U.S.-based law firm Orrick, Herrington
& Sutcliffe LLP said the deal follows a "troubling pattern"
similar to the Coca-Cola ruling, in that it doesn't give sufficient
explanations or evidence to support its findings of anti-competive
results from the merger.
Under the Ministry of Commerce's terms, Lucite International
will have to spin off half of its production capacity in China
within five years, and will have to sell MMA at cost to a third
party in China.
Additionally, Lucite and Mitsubishi Rayon's China management
must operate independently of one another while the divestiture is
proceeding, the ministry said, adding that Mitsubishi Rayon will be
barred from acquiring any Chinese producer of MMA or selected
related products.
Mitsubishi Rayon will also be prohibited from building factories
in China to make such products.
-By Aaron Back and J.R. Wu, Dow Jones Newswires; (8610)
6588-5848; aaron.back@dowjones.com