UPDATE: China: GM, Delphi Deal Hurts Local Indus;Sets Limits
September 28 2009 - 9:06AM
Dow Jones News
China approved U.S. automaker General Motors Co.'s plan to buy
part of Delphi Corp. (DPHIQ), but set conditions to prevent GM from
obtaining trade secrets of Delphi's Chinese clients, in conclusions
issued Monday following an antitrust review by the country's
Ministry of Commerce.
The review said the deal would negatively impact competition in
China's auto and auto parts industries.
Under the conditions issued by China, the two companies won't be
allowed to exchange any trade secrets Delphi might have on other
auto facilities in China, to prevent GM from obtaining competitive
information such as research and development and car models of
local auto makers.
It also stipulated that GM couldn't set unreasonable procurement
conditions that would benefit Delphi and hurt other suppliers.
The ministry said that it had discussed its concerns with GM and
Delphi, and that the companies had come up with some solutions to
address the regulator's concerns.
"(The solutions) basically eliminated the Commerce Ministry's
competition concerns. Therefore, we decided to accept the
solutions," the ministry said, though it set conditions on the
deal.
The statement issued by the ministry's antimonopoly bureau said
that GM and Delphi should report to the ministry their acquiescence
to the restrictions, and that the ministry would penalize the
companies for any violations.
Authorities in the U.S. and E.U. had earlier given their
approval for the deal after Delphi, GM's former parts division,
received approval from a U.S. court to sell assets to its lenders
and General Motors, clearing the way for the auto-parts supplier to
end its four-year stay in bankruptcy.
Delphi operates 17 wholly owned entities and joint ventures in
China and 21 manufacturing sites. It employs about 12,000 full-time
staff in China.
China's antimonopoly law took effect in August 2008. Under the
law, major merger and acquisition deals on a global scale that
could impact the domestic Chinese market need to receive approval
from Chinese authorities before they can proceed.
GM makes passenger vehicles in China with SAIC Motor Corp.
(600104.SH) and minivans with SAIC and Wuling Automobile Co. It
recently formed a light commercial vehicle joint venture with China
FAW Group Corp. in August to make FAW-branded light-duty trucks and
vans.
-By J.R. Wu and Juan Chen, Dow Jones Newswires; 8610 6588-5848;
jr.wu@dowjones.com