Canadian COMPETITION LAW

Bloomberg, the Wall Street Journal, the Globe and Mail and others are reporting that Glencore International Plc has made a £3.5 billion ($5.5 billion) bid for Viterra Inc., Canada’s largest grain handler (see e.g.: Glencore in $5.49 Billion Bid for Viterra Telegraph Says).

In reporting this story, Bloomberg said:

“Buying Viterra would give Glencore the largest share of the Canadian grain-handling market just as the Canadian Wheat Board’s monopoly over wheat and barley grown in the west of the country comes to an end. Viterra’s share of Canadian grain- handling may rise to almost 50 percent in the next few years from 45 percent, its Chief Executive Officer Mayo Schmidt said in an interview on March 8.

Viterra said in January it expects to increase grain volumes and earnings after the board’s control of supplies ends. The Canadian government passed a law in December that will end the monopoly and give farmers the choice to sell to other buyers as of Aug. 1.

A deal with Glencore might also help the company’s agricultural business to return to profit after a “difficult year” said Fairfax’s Meyer. Moving into storage of wheat and other logistics beyond just trading grains would likely help boost their margins, he said.

Glencore said Feb. 7 that 2011 adjusted earnings before interest and tax from its agricultural trading unit swung to an $8 million loss from a $659 million profit a year earlier after experiencing an ‘unprecedented cotton market.’”

For more media reports see: WSJ – Glencore, Cargill Looking at Viterra, The Australian – Cargill joins Glencore in circling Viterra, sale process expected, Globe and Mail – Glencore reportedly Viterra suitor

For more about Canada’s merger control and foreign investment regimes see:

Merger Control

Investment Canada

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