Xstrata Plc - proposed acquisition of Jubilee Mines NL

Acquirer(s)

  • Xstrata Plc

Target(s)

  • Jubilee Mines NL

Summary

Xstrata Plc, through its wholly owned subsidiary Ithaki Australia Pty Limited, proposed to acquire all of the issued shares of Jubilee Mines NL

Market definition

The ACCC considered the relevant market to be the market for the supply of nickel.

Competition analysis

The ACCC decided that the proposed acquisition was not likely to result in a substantial lessening of competition in the market for the supply of nickel. Factors which led to this conclusion included:
- The market concentration of the merged entity would not be sufficient to raise competition concerns, as Xstrata represented a relatively small proportion of nickel supply;
- There were sufficient alternative suppliers in the market for nickel, including Norilsk Nickel, CVRD and BHP Billiton; and
- Nickel is listed on the London Metals Exchange, where its trading price is determined by international demand and supply, limiting the potential for unilateral and coordinated nickel price rises.

Timeline

DateEvent
29/10/2007ACCC commenced review under the Merger Review Process Guidelines.
09/11/2007Closing date for submissions from interested parties.
13/11/2007ACCC announced it would not oppose the proposed acquisition.