Court Ruling Paves Way For Chinese Investment in Chilean Lithium Producer
October 04 2018 - 8:16PM
Dow Jones News
By Micah Maidenberg
China's biggest lithium company, Tianqi Lithium Corp., won a
favorable court ruling, moving it closer to becoming the
second-largest shareholder in a major producer of the metal used in
electric-vehicle batteries.
On Thursday, a Chilean court signed off on an agreement that
Tianqi struck with the country's competition regulator over its
proposed $4.1 billion acquisition of about 24% of shares in
Sociedad Quimica y Minera de Chile SA, or SQM.
The court said the agreement was "proportional and sufficient to
mitigate" risks of Tianqi's acquisition of the SQM stake. Under the
deal, which lasts up to six years, Tianqi agreed it wouldn't
appoint its directors or employees to the SQM board and promised
that its appointees wouldn't disclose SQM's confidential
information, among other measures.
Earlier this year, Tianqi struck a deal to buy the SQM stake for
close to $4.1 billion from fertilizer company Nutrien Ltd., which
needs to sell it to meet requirements from Indian and Chinese
regulators related to a separate transaction.
A former government official in Chile, however, challenged the
deal earlier this year, asking for an antitrust review.
SQM currently controls about 18% of global lithium production
capacity, while Tianqi controls 10%, making the companies the
second-largest and third-largest players in the market, according
to data from IHS Markit. U.S.-based Albemarle Corp. is the largest,
controlling 25% of production capacity.
Should Tianqi complete the deal as planned, the
lithium-production industry would become more intertwined. Tianqi
and Albemarle, for example, also operate a mine together in
Australia in a joint venture.
SQM had asked the court to reject the agreement, stating that
the deal between Tianqi and the competition regulator didn't
provide enough safeguards against potential harm to its business
from a having a significant competitor as a major shareholder. SQM
said in a statement Thursday it is analyzing the court's
decision.
Tianqi said it welcomed the court's decision on a deal that
"safeguards competition and ensures the highest level of corporate
governance practices are put in place at SQM after our minority
investment is completed."
"We are confident that all stakeholders will benefit from
Tianqi's contributions to SQM's long-term development," Tianqi
said.
Tianqi and Nutrien both said Thursday they expect the deal for
the SQM stake to close in the fourth quarter this year.
Write to Micah Maidenberg at micah.maidenberg@wsj.com
(END) Dow Jones Newswires
October 04, 2018 20:01 ET (00:01 GMT)
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