Background: In 1996, Wahaha, Danone and BNP (Hong Kong) jointly invested in and incorporated 5 companies to manufacture Wahaha brand products, including purified water and eight-treasure porridge. Wahaha holds 49% equity interests in these companies, while Danone later became the dominant shareholder with a 51% stake after acquiring shares held by BNP in the aftermath of the Asian financial crisis. Danone then proposed to transfer the Wahaha brand to a joint venture but did not succeed. Subsequently, a trademark usage contract was signed by both parties instead. In the ensuing years, the Wahaha Group established non-JV companies in west China, central China and the Three Gorges reservoir area. These companies had RMB 5.6 billion of total assets as of December 31st, 2006 and made a net income of RMB 1.04 billion in that year. On April 3rd, 2007, Danone intended to force a deal by which it could acquire 51% equity interests in those non-JV companies for a sum of RMB 4 billion. Wahaha Chairman Zong Qinghou later complained that he and Wahaha fell into a trap set up by Danone. Both parties have since engaged in a lengthy "war of words", thereby arousing a grand debate on China’s FDI policies.
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