- Chinese regulators have required asset sales in past deals
- Concentration in copper, iron ore marketing could be among top concerns, analysts and lawyers say
- Rio Tinto had been exploring asset-for-equity swap with China’s Chinalco before Glencore talks announced
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But analysts and lawyers said the scale of their sales to China means any deal will need approval from Beijing, as have past mining mega-deals such as Glencore’s $35 billion purchase of Xstrata in 2013.
China’s antitrust regulator is likely to be concerned about a combined entity’s concentration in copper production and marketing as well as iron ore marketing, several analysts and lawyers told Reuters. Beijing may also see an opportunity to force asset sales to friendly entities, they added.
To get the Glencore deal over the line, assets in Africa are especially likely sales candidates as Latin America has become less accepting of Chinese investment, according to Glyn Lawcock, an analyst at Barrenjoey in Sydney.
“China will see this as an opportunity to squeeze out assets,” he said.
China’s commerce ministry, its market regulator and Chinalco did not respond to questions about the deal. Glencore and Rio Tinto declined to comment.
GLENCORE PRECEDENT
“The Las Bambas deal is still looked at as a very successful solution and it’s going to be a potential playbook that regulators can draw on,” a China-based partner at an international law firm said on condition of anonymity.
Glencore also agreed to sell Chinese customers minimum quantities of copper concentrate at certain prices for just over seven years as Beijing was concerned the merged group would have too much power over the copper market.
POLITICAL CHALLENGES
A combined Rio Tinto-Glencore would market about 17% of global copper supply, according to Lawcock, although analysts at Barclays say the share of mine production is only 7.5% and unlikely to trigger major antitrust concerns.
Nonetheless politics has doomed deals before.
In previous resource deals, however, Beijing has given approval as part of a bargain. A year before the sale of Las Bambas, Beijing required major changes to a tie-up between Japan’s Marubeni and U.S. grain merchant Gavilon, citing food security concerns.
“Clearly this would be a long, complicated deal from a regulatory approval perspective,” Mark Kelly, CEO of advisory firm MKI Global Partners, wrote in a note, “and the presence of Chinalco on Rio’s shareholder register always complicates this picture further.”
Reporting by Lewis Jackson and Amy Lv in Beijing and Melanie Burton in Melbourne; Additional reporting by Anousha Sakoui and Clara Denina in London; Editing by Veronica Brown, Tony Munroe and Jamie Freed
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