Glencore International plc / Xstrata plc Merger

Reasons (non confidential)

Press statement 06 March 2013

Non-confidential Order with Annexures

Tribunal press statement

Glencore and Eskom Press Statement

Merging parties' witness statements

Clinton Ephron Witness Statement

Murray Houston Witness Statement

The Competition Commission's witness statement

Competition Commission's submission

Eskom's witness statement

Kiren Maharaj Witness Statement

NUM Submission

N.U.M. Submission

Tribunal's Directions

 Glencore and Xstrata prehearing directions (16 November 2012)  

Glencore and Xstrata prehearing directions (06 December 2012)

Order and directions (11 December 2012)

The Competition Tribunal had on 10 December 2012, postponed the Glencore / Xstrata merger hearing to January 2013. This followed an application by the merging parties, Glencore and Xstrata, to have the matter postponed. The merging parties argued that Eskom, in filing its submissions, had exceeded the original scope within which it was allowed to intervene in the case. The merging parties also argued that, in relation to what had already been filed, Eskom did not provide a sufficient factual basis for its intervention. Accordingly, the merging parties requested an extension of time to allow Eskom to file additional submissions and for the merging parties to consider their response. Eskom denied these allegations but nevertheless agreed to a postponement. All parties to the merger agreed to new dates for the hearing. The Tribunal subsequently ordered that:

  • Eskom limit its intervention as previously ordered to do so by the Tribunal; and
  • the merger hearing take place on 18, 21, 22, 23 and 28 January 2013.