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| 1 minute read

Does Failure of Intel Transaction Hint as to China's Position on Cross Border Transactions?

On August 16, 2023, China's anti-trust regulator effectively vetoed a transaction between Intel and Tower Semi-conductor by not approving the transaction for an extended period of time. This was potentially a response to recent efforts by the U.S. to curtail investments by U.S. companies in China. Whether this foreshadows the general stance of Chinese government regulators or this transaction in particular is unclear.  

I previously suggested that the China Securities Regulatory Commission (CSRC) might decide to delay or not approve offerings or transactions by Chinese companies in the U.S. that fall within its jurisdiction in retaliation for American government actions that prevent U.S. investors from investing in certain industries in China (https://quicktakes.loeb.com/post/102ilv0/will-executive-order-lead-to-a-response-from-the-csrc).  The action by China's anti-trust regulator is exactly the type of action (or non-action) that the CSRC could take in connection with transactions under its jurisdiction. While there is no official position that I am aware of, it will be interesting to see whether the CSRC moves forward with approving US transactions over the next few months.

China has effectively scuttled a $5.4 billion deal by Intel, the Silicon Valley semiconductor giant, in the latest sign of the frayed business ties between China and the United States.

Tags

corporate & finance, mergers & acquisitions, corporate