RE: Disappointed’ Newmont talks to Newcrest over information access25 Feb 2023 18:38
It has already been mentioned the Australian authorities obvious interest in the Newmont proposed merger with Newcrest so did do a bit of looking into it. Haven’t found anything specific but the resulting company from the possible merger would own a very large share of Australia’s gold/copper assets,(probably an even bigger share once Havieron reveals all!) not sure if it would force the relevant authorities to intervene or not, regarding competition laws etc.
“iii Merger remedies
The ACCC has a strong preference for 'fix-it-first' remedies. In its Merger Guidelines of November 2008 (updated in 2017), it states that 'wherever practicable, divestiture should occur on or before the completion date of the merger, particularly in cases where there are risks in identifying a (suitable) purchaser or asset-deterioration risks'. It will usually seek to require:
the vendor to divest overlapping assets to a third party prior to, or simultaneously with, completion of the merger;
the purchaser to divest a package of assets to an identified (and ACCC-approved) purchaser simultaneously with the completion of the merger; or
a combination of both approaches.”
https://thelawreviews.co.uk/title/the-merger-control-review/australia