This past February the US
Department of Justice ("DOJ") and European Commission
("Commission") cleared Google Inc.'s acquisition of Motorola Mobility
Holdings Inc. without any conditions. In contrast, on May 19, 2012 the Chinese
Ministry of Commerce ("MOFCOM") approved the acquisition subject to
what some observers believe were over-cautious conditions linked to a lack of
experience and institutional resources.
Google Inc. is a provider of internet search and online advertising services as
well as the developer of an open source (free of charge) mobile operating
system called Android. Motorola Mobility Holdings Inc. manufactures smartphones
and computer tablets, and owns approximately 17,000 issued patents and 6,800
applications, including standard essential patents ("SEPs"). In
general, SEP's are important in terms of implementing certain telecommunication
standards such as 3G or 4G/LTE and WiFi and WiMax in smartphones.
MOFCOM determined that Google's acquisition of Motorola had the effect of
eliminating or restricting competition in the markets of operating systems and
patents, but approved the acquisition with three conditions:
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