Glencore snaps up Rio Tinto’s Hail Creek coal mine and project for $1.7bn

Rio Tinto CEO Jean-Sebastien Jacques wants the company to withdraw from the coal market. (Reuters)
Updated 21 March 2018
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Glencore snaps up Rio Tinto’s Hail Creek coal mine and project for $1.7bn

SYDNEY: Glencore is buying Rio Tinto’s Hail Creek coal mine and the Valeria coal project in Australia for $1.7 billion, tightening the Swiss trading and mining giant’s grip on coal as its rivals exit the industry.
The acquisition, announced by both companies on Tuesday, follows Glencore’s purchase of half of Rio Tinto’s Hunter Valley coal operations, also in Australia, for $1.1 billion last year in a deal with China’s Yancoal Australia.
Glencore is already the world’s biggest exporter of thermal coal used for power stations, and Hail Creek will give it a bigger stake in metallurgical coal used for steelmaking.
“You’ve got one of the few big companies, in Glencore, that is both willing and able and clearly likes coal strategically and has been acquiring these assets,” said Paul Gait, an analyst at Bernstein in London.
The sale consists of Rio’s 82 percent interest in the Hail Creek operating mine and its 71.2 percent interest in the Valeria project, the company said in a statement.
Rio Tinto made a strategic decision in 2017 to exit coal and focus on growth in iron ore, copper and its aluminum division.
On Tuesday it said it was still looking to sell its remaining Australian coal assets — the Kestrel coking coal mine and the Winchester South development project. Investors had expected the two mines and projects to be sold as a package.
“The best option to extract value for our shareholders is to go in a piecemeal approach,” Rio CEO Jean-Sébastien Jacques told reporters after a business event in Melbourne.
Analysts said the price for Hail Creek and Valeria looked good for Rio Tinto while not too expensive for Glencore.
“Given we all expected a $2 billion to $2.5 billion number for Hail Creek plus Kestrel and the other stuff, it’s a pretty big number,” said Shaw and Partners analyst Peter O’Connor in Sydney.
Gait said that he was bullish on metallurgical coal prices, now above $200 a ton, which would help justify the price Glencore agreed to pay.
“Glencore clearly have synergies in terms of both the operating and, physically, the marketing of these assets and when I look at the price that they’ve acquired these things for, it doesn’t seem to me to be exorbitant,” he said.
Rio Tinto said it planned to use the sale proceeds “for general corporate purposes,” however Jacques did not rule out returning the cash to shareholders
in future.
“You shouldn’t draw any conclusions. The next time we review it will be in August,” he told reporters, referring to the company’s next moves on capital management.
UBS has forecast that the sale of Hail Creek and Kestrel could help Rio hand back more than $9 billion to shareholders over the next 12 months.
The Hail Creek deal is subject to regulatory approvals and is expected to be completed in the second half of 2018, Rio said.
The remaining 18 percent of Hail Creek is owned by units of Nippon Steel and Sumitomo Metal Corp, Marubeni Corp. and Sumitomo Corp, which all have rights to sell their stakes to Glencore, which it said in a statement would cost up to $340 million.
Glencore declined to comment further on the acquisition.


EU gives Nestle a thumbs down in Kit Kat finger row

Updated 19 April 2018
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EU gives Nestle a thumbs down in Kit Kat finger row

  • Nestle has been locked in a decade-long battle with US rival Mondelez, maker of Cadbury chocolate, over the four-fingered wafer biscuit, which was first sold in 1935.
  • The EU’s intellectual property office allowed Nestle in 2006 to trademark what the court calls the “three-dimensional shape of the ‘Kit Kat 4 fingers’ product.”

Luxembourg: The European Union’s top court should cancel Swiss food giant Nestle’s trademark for the shape of the Kit Kat chocolate bar, the court’s top adviser said Thursday.
Nestle has been locked in a decade-long battle with US rival Mondelez, maker of Cadbury chocolate, over the four-fingered wafer biscuit, which was first sold in 1935.
The EU’s intellectual property office allowed Nestle in 2006 to trademark what the court calls the “three-dimensional shape of the ‘Kit Kat 4 fingers’ product.”
Advocate General Melchior Wathelet said the European Court of Justice (ECJ) should dismiss an appeal by Nestle against a lower court’s 2016 decision to annul the trademark.
“Nestle did not adduce sufficient evidence to show that its trademark had acquired distinctive character,” Wathelet said.
He said the intellectual property office should now “re-examine” its decision.
The Luxembourg-based ECJ often, but not always, follows the advice of the advocate general, its senior legal adviser, when making its final judgment.
The food giant specifically failed to show that the Kit Kat shape was well enough known in Belgium, Ireland, Greece, Luxembourg and Portugal, relying instead on market data from other countries, he said.
The official also said the EU court should reject an appeal by Mondelez against part of the judgment, saying it was “manifestly inadmissible.”
Nestle has already lost a legal bid in Britain — currently an EU member state but set to leave next year — to trademark the Kit Kat shape.