Netherlands to probe Chinese-owned chipmaker Nexperia

Netherlands to probe Chinese-owned chipmaker Nexperia

Nexperia’s Chinese CEO Suspended: Dutch Court Upholds Seizure Amid Semiconductor Tensions

In a pivotal ruling that underscores escalating geopolitical tensions surrounding global semiconductor supply chains, the Amsterdam Court of Appeals has upheld the Dutch government’s controversial seizure of Nexperia, one of Europe’s most critical chip manufacturers. The court’s decision maintains the suspension of Chinese CEO Zhang Xuezheng and orders a comprehensive investigation into the company’s governance practices.

The Amsterdam Court’s Decisive Ruling

The Amsterdam Court of Appeals delivered a significant blow to Wingtech Technology, Nexperia’s Chinese parent company, by refusing to reverse the Dutch government’s extraordinary intervention in the semiconductor manufacturer’s operations. The court cited “well-founded reasons to doubt a proper policy and proper course of affairs” at the company, justifying the continuation of the government’s extraordinary measures.

Central to the court’s decision was the maintenance of Zhang Xuezheng’s suspension, which was initially ordered in October 2024. While Xuezheng’s shares were transferred to a trust arrangement, he retained certain economic benefits, creating a complex situation that the court deemed required further scrutiny.

The Genesis of the Dutch Intervention

The Dutch government’s intervention began on September 30, 2024, when authorities invoked the rarely used Goods Availability Act. This extraordinary measure was prompted by what Dutch officials described as “serious governance shortcomings” at Nexperia that threatened Europe’s semiconductor capabilities.

The timing of this intervention proved particularly sensitive, coming amid heightened global tensions over semiconductor supply chains and technological sovereignty. The Netherlands, home to ASML—the world’s leading manufacturer of extreme ultraviolet lithography machines essential for advanced chip production—has become a focal point in the global technology competition between Western nations and China.

China’s Retaliatory Export Halt

In response to the Dutch government’s actions, China moved swiftly to halt Nexperia chip exports in early October 2024. This retaliatory measure disrupted nearly three-quarters of the company’s output, creating immediate ripple effects throughout the automotive supply chain. Major manufacturers including Volvo, Jaguar Land Rover, and Volkswagen—all significant customers of Nexperia—faced potential production delays and supply constraints.

The export ban was eventually lifted on November 9, 2024, but the incident highlighted the vulnerability of global supply chains to geopolitical tensions and the strategic importance of semiconductor manufacturing capabilities.

Governance Concerns and Conflicting Interests

The court’s investigation revealed troubling governance issues at Nexperia. According to court documents, Zhang Xuezheng allegedly changed company strategies without consulting other board members, raising serious concerns about corporate governance and potential conflicts of interest.

During hearings, Nexperia’s legal representatives claimed that Zhang was moving equipment to China and utilizing company assets for Wing Systems, a separate company he owned. These allegations suggest a pattern of behavior that potentially prioritized personal or Chinese interests over those of the Dutch company and its European stakeholders.

Operational Disruptions and Supply Chain Impact

Since the government’s seizure, Nexperia’s Chinese and European operations have ceased collaboration, creating significant operational challenges. The Dutch company stopped shipping silicon wafers to its Chinese subsidiary, citing the local unit’s refusal to make payments. This breakdown in business relationships has forced customers to purchase wafers from the European unit and ship them to China for assembly, adding complexity and cost to the supply chain.

The Financial Times reported that this disruption has created a convoluted supply chain where customers now act as intermediaries, purchasing directly from Nexperia’s European operations to support Chinese assembly operations.

Wingtech’s Expanding Troubles

The challenges facing Nexperia are part of a broader pattern of difficulties for Wingtech Technology. In 2024, the United States government added Wingtech to its Entity List, a designation reserved for companies deemed to pose national security risks. This designation severely restricts the company’s ability to access American technology and collaborate with U.S. firms.

Earlier, in 2022, the United Kingdom government ordered Wingtech-owned Nexperia to unwind its acquisition of Newport Wafer Fab, citing national security concerns. These successive interventions by Western governments reflect growing apprehension about Chinese ownership of critical technology infrastructure.

Nexperia’s Response and Future Outlook

In response to the court’s ruling, Nexperia issued a statement expressing its commitment to fully comply with the investigation while maintaining that its “underlying business continues to be healthy and resilient.” The company emphasized its dedication to remaining “a strong, reliable partner for all our stakeholders including customers.”

This statement reflects the delicate balance Nexperia must strike between satisfying Dutch regulatory requirements and maintaining relationships with its Chinese parent company and Chinese operations. The company’s ability to navigate these competing pressures will be crucial to its future success and the stability of the automotive semiconductor supply chain.

The Strategic Importance of Nexperia

Nexperia’s significance extends far beyond its immediate business operations. As an offshoot of NXP, a major player in the global semiconductor industry, Nexperia produces essential components for the automotive sector. The company’s specialized chips are critical for various automotive functions, from power management to advanced driver assistance systems.

The Dutch government’s willingness to take extraordinary measures to maintain control over Nexperia underscores the strategic importance of semiconductor manufacturing capabilities in the modern economy. As nations increasingly view technological sovereignty as a matter of national security, companies like Nexperia find themselves at the intersection of commercial interests and geopolitical strategy.

The Investigation Ahead

The court-ordered investigation will likely examine the full scope of governance issues at Nexperia, including the alleged improper transfers of assets, funds, technology, and knowledge to foreign entities. This investigation could have far-reaching implications not only for Nexperia but for the broader landscape of foreign investment in critical European technology companies.

The outcome of this investigation may influence how European nations approach foreign ownership of strategic industries and could lead to more stringent regulations governing technology transfer and corporate governance in sensitive sectors.

Global Semiconductor Competition Intensifies

The Nexperia case exemplifies the intensifying competition for control over semiconductor supply chains. As nations recognize the critical importance of chip manufacturing to economic security and technological advancement, regulatory scrutiny of cross-border technology investments has increased dramatically.

This case may serve as a precedent for how governments balance the benefits of foreign investment against the risks to national security and economic sovereignty. The semiconductor industry, given its strategic importance and complex global supply chains, is likely to remain at the center of these debates for years to come.

Long-term Implications for the Industry

The ongoing situation at Nexperia highlights the challenges facing multinational corporations operating in an increasingly fragmented global economy. Companies must navigate not only commercial considerations but also complex regulatory environments shaped by national security concerns and geopolitical rivalries.

For the semiconductor industry specifically, the Nexperia case may accelerate efforts to diversify supply chains and reduce dependence on any single source, whether geographic or corporate. This could lead to increased investment in semiconductor manufacturing capabilities across multiple regions, potentially at higher costs but with greater security and resilience.

The resolution of the Nexperia situation will likely influence how other companies structure their international operations and how governments approach regulation of critical technology sectors. As the investigation unfolds, the global technology community will be watching closely for lessons that can be applied to similar situations in the future.


tags

Nexperia, Wingtech, semiconductor, Dutch court, China export ban, Zhang Xuezheng, automotive chips, geopolitical tensions, semiconductor supply chain, national security, Entity List, Goods Availability Act, chip manufacturing, technology sovereignty, corporate governance

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Dutch government seizes Nexperia, suspends Chinese CEO amid semiconductor security concerns

Amsterdam Court upholds extraordinary intervention in critical chip maker’s operations

China retaliates with export ban affecting 75% of Nexperia’s output

CEO accused of moving equipment to China and using assets for personal company

US adds Wingtech to Entity List as UK orders unwinding of Newport Wafer Fab acquisition

Automotive giants Volvo, JLR, and Volkswagen face supply chain disruptions

Dutch investigation reveals “serious governance shortcomings” threatening European semiconductor capabilities

Global semiconductor competition intensifies as nations assert technological sovereignty

Customers forced to buy wafers from Europe to ship to China for assembly

Wingtech’s troubles multiply with US Entity List designation and UK forced divestiture

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