Analysis on MOFCOM’s Decision to Approve Novartis AG’s acquisition of Alcon Inc. with Conditions By Yi XUE 2010-09-01

On August 13, 2010, China’s Ministry of Commerce (the “MOFCOM”) has officially approved the concentration of undertakings with respect to Novartis AG’s (“Novartis”) acquisition of Alcon Inc. (“Alcon”) with conditions. In its decision, the MOFCOM has determined that the aforesaid acquisition may eliminate or restrict the competition on the market of ophthalmological anti-inflammation /anti-infection products and contact-lens care products, and has attached restricting conditions respectively to such products market. It is the sixth case of concentration of undertakings that has been approved with conditions since China’s Anti-Monopoly Law (the “AML”) took effect in 2008.