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China Reviewing ChemChina-Syngenta Deal

08.03.2017 -

ChemChina confirmed on Mar. 6 that the government in Beijing has accepted its application for regulatory approval of the company’s planned $43 billion takeover of Swiss agrochemicals Syngenta in February, according to news agencies.

Only days earlier, reports were in circulation quoting China's former commerce minister, Gao Hucheng, as saying the government had not received a formal filing for China’s largest overseas acquisition.

Chinese authorities appear to have offered conflicting statements. Gao told Reuters the Ministry of Commerce (MOFCOM) would not start considering any submission until regulators in other countries had given the green light, although a ChemChina spokesman said the ministry had already accepted it.

Gao stepped down from the commerce post in late February, and the news agency said his remarks were likely to stir fresh speculation among Syngenta investors about the Chinese regulatory process. An international business publication reported in January that ChemChina had previously filed and then withdrawn the filing, a strategy sometimes employed to gain time.

Analysts for investment bank NSBO, Mario Russo, said in a note investors were worried that potential domestic political interference in China could potentially slow the deal. However, he told Reuters that Chinese antitrust authorities would likely approve the transaction, as it is of strategic importance to the nation’s economy.

In mid-February, Syngenta CEO Eric Fyrwald said the US regulatory authority, Federal Trade Commission (FTC) had asked for more time to review the Chinese takeover; however, he said the Swiss company did not expect the extended probe to prevent the deal from closing in the first half of 2017. ChemChina filed for US approval in January.

A Syngenta spokesman told the news agency Bloomberg the Chinese merger still stood a chance to win US approval before the Apr. 12 deadline for a decision by the European Commission. He added that the merger partners have proposed remedies to allay any antitrust concerns. This transaction has already been cleared by US national security authorities, removing what had been seen as a major hurdle.

The EU is also said to be close to giving the green light, as the portfolio has few crucial overlaps in the European market. The companies are said to have offered concessions in January to secure clearance. Divestments from Syngenta’s businesses in Europe are expected, along with small divestments from some units in the US.

Recent speculation has it that the EU is also close to approving the Dow-DuPont merger, after these companies offered remedies. Bayer is proceeding cautiously in both the US and Europe and has given its deal – the most controversial of the three – until the end of 2017 to be completed.