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Car Title Essay

1409 words - 6 pages

Client Alert
Global Mining and Metals Industry Group
April 2013

Glencore’s Long March to Take Over Xstrata
First published in Mining Journal, April 2013 At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to part with one of the prized assets in Xstrata’s portfolio, the Las Bambas copper project in Peru. If no suitable buyer for Las Bambas is found by September 2014, Glencore will have to auction off one of its other copper assets of MOFCOM’s choosing. To clinch MOFCOM’s blessing of the deal Glencore also committed to ...view middle of the document...

” A few days after receiving the ACCC’s blessing, the deal got antitrust clearance in the US, when the Department of Justice allowed the Hart-Scott-Rodino waiting period to expire without taking any action or seeking any type of remedy. South Africa’s review looked at the potential impact the deal has on the coal market, but the concessions required of the parties grew out of public interest considerations. While the Competition Commission of South Africa (CCSA) found the transaction raised no competition related concerns, it took issue with the companies’ proposed dismissal of almost 200 employees post-merger. To win over the CCSA, the companies agreed to limit the dismissals to certain managerial and specialist roles and offer re-skilling training to certain employees subsequently laid off. Adopting the CCSA’s recommendation, the Competition Tribunal approved the transaction in late January 2013.
If you have questions or comments about this Client Alert, please contact: John Tivey Global Head of Mining and Metals Industry Group Partner, Hong Kong T: + 852 2822 8779 M: + 852 6050 0225 Rebecca Campbell Partner, London T: + 44 20 7532 2315 M: + 44 79 1259 6131 Patrick Ma Counsel, Beijing T: + 86 10 5912 9615 M: + 86 1590 119 7821

Beijing White & Case LLP, Beijing Office 19th Floor, Tower 1 of China Central Place 81 Jianguo Lu, Chaoyang District Beijing 100025 China + 86 10 5912 9600 Hong Kong White & Case 9th Floor, Central Tower 28 Queen’s Road Central Hong Kong + 852 2822 8700 London White & Case LLP 5 Old Broad Street London EC2N 1DW United Kingdom + 44 20 7532 1000

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Client Alert
Global Mining and Metals Industry Group

From the outset of pre-filing negotiations with the parties, which began shortly after the deal was announced, the European Commission focused its attention on the combined entity’s power in the production and trading of zinc. Ultimately, the Commission required the divestment of Glencore’s minority stake (7 percent) in and termination of its .8 recently renewed exclusive off-take agreement with the world’s largest zinc smelter, Nyrstar, originally due to run until 2018, as conditions to approving the transaction. As part of the deal with the Commission, struck in late November 2012, Glencore also committed not to enter into any other commercial arrangements with Nyrstar for ten years. The clearance came despite the concerns expressed by the European Steel Association (EUROFER), whose members purchase much of the commodity grade zinc traded in Europe for use as corrosion-resistant coatings (galvanizing) in steel products. MOFCOM took its time in reviewing the transaction - almost twice the normal maximum statutory period allowed for merger reviews under China’s Anti-Monopoly Law, which can last up to 180 days. As MOFCOM noted in its published decision, the parties withdrew their...

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