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Ottawa will not approve PotashCorp takeover
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CTV.ca News Staff
Date: Wed. Nov. 3 2010 9:41 PM ET
Industry Minister Tony Clement says the government is not approving the nearly $40-billion hostile takeover of PotashCorp by Anglo-Australian buyer BHP Billiton at this time.
Clement said BHP Billiton must reconsider its position and his decision is the right one for Canada.
He added that the decision was his, and his alone.
"I can confirm that I have sent a notice to BHP Billiton indicating that, at this time, I am not satisfied that the proposed transaction is likely to be of net benefit to Canada," he said in a statement.
Clement said BHP Billiton has 30 days to change its proposal, and he will make a final decision at that time.
He added that he cannot legally discuss the specifics of the case during that period, and will not be qualifying the reasoning behind his decision.
BHP responded in a statement Wednesday evening.
"BHP Billiton is disappointed, but continues to believe that the Offer is of net benefit to Saskatchewan, New Brunswick and Canada. BHP Billiton will continue to cooperate with the Minister and the Investment Review Division of Industry Canada and will review its options," the company said.
Saskatchewan Premier Brad Wall had made it crystal clear that approving the hostile takeover would be seen as a betrayal of his province. He has argued the sale would cost Saskatchewan billions of dollars, and has even suggested he could challenge Ottawa's decision in court.
On Wednesday he thanked Clement for showing that the "net benefit test matters."
"This is not the same as other takeovers, this is different because of the nature of this resource," Wall said in a press conference. "We are a country that welcomes foreign investment, we are a free trading country, but we have been blessed by providence with a great amount of natural resources -- potash is one, but we could list all the others -- and so we may have to act differently in that regard."
PotashCorp is the world's largest producer of potash, a major component used in fertilizer. Saskatchewan is home to more than 50 per cent of the world's potash reserves, and accounts for about 30 per cent of global production.
Potash sales in Saskatchewan were $3.1 billion in 2009.
In a statement late Wednesday, PotashCorp said BHP's offer was "wholly inadequate."
"The PotashCorp board of directors strongly believes that the offer fails to reflect both the value of PotashCorp's premier position in a strategically vital industry and the company's future growth prospects," the company said.
"The PotashCorp board believes that the offer is not in the best interests of the company, its shareholders or other stakeholders."
BHP's offer worked out to about US$130 per share for the Canadian company. Share prices closed down six cents to C$146.21 in trading Wednesday on the Toronto Stock Exchange, well above the offer price.
‘Close the door:' Opposition
Both Liberal Leader Michael Ignatieff and NDP Leader Jack Layton called for the government to make its decision final, and close the 30-day window.
"(The Conservatives) have been dragged kicking and screaming towards what we hope is a clear ‘No' on this deal," Ignatieff told reporters. "Our position is the door should be closed firmly on this deal. Minister Clement is leaving the door a bit ajar here, perhaps hoping for another reaction from BHP Billiton."
Layton said the review process should not be so secretive.
"We welcome the fact that the minister has said he's not approving it at this stage, but he took considerable pains to invite this large Australian multi-national to bring forward an improved offer."
Clement championed his government's record on investment.
"Canada has a long-standing reputation for welcoming foreign investment. The government of Canada remains committed to maintaining an open climate for investment," he said.
Under the Investment Canada Act, the federal government must base its decisions on whether a takeover would bring a "net benefit" to Canadian communities.
There are reports that Russia has asked domestic fertilizer companies to consider making a bid for PotashCorp.
PotashCorp disclosed in a recent filing it has spoken to at least 15 different "financial and state-sponsored potential bidders or investors" regarding making a bid for the company.
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No one is asking Brad Wall or Dalton to ride naked with them. Asking a politician to do this is sexist pure and simple, even if he was joking.
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GVR
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Scott ON
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peter
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Dan
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ian
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Jim in the West
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Ian
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ohsolmio
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Ian
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Ian
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Prof. Pye Chartt
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aj from montreal
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Now, In the case of this PotashCorp takeover by an Australian Firm, BHP, why does the Harper Gov't took action by prejudice upon protecting Canadian Industry by blocking the takeover process?
- Isn't this also a direct violation of Int'l free trade and a way of not legitimizing Canada as an Economic Powerhouse? What's the point of all the G8 and G20 summits that happened this year when this kind of rubbish hits the news? How Corrupt!
No wonder why Provinical as well as Federal Politics in Canada are so scrutinized by all this incompetence!
Wake Up
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Tim
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Marc
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Firinn
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J
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JR from Pointe Claire
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d_abes in Saskatoon
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OneforCanada
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Gordon
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Brenda
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charlie
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Gypsy
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Glenn Wishart
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SK Freedom Lover
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Danny Dinosaur
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Mike of the green rectangle
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Dan in Regina
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kl
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Gord
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It would be nice to see a major Canadian pension plan take control.
I don't think this prohibition will hurt investment in Canada. Canada's is a safe haven and our sterling reputation and stability will continue to be available for foreign investment. The international investment community knows that.
Good call Minister Clement.
Ontario Resident and Roughrider Fan
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Arby
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AB
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Prof. Pye Chartt
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BRAVO !!!
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David, Mississauga
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donnie
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kevin burkhart
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Doug # BC
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Eddie
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Rob
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Chris
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nov 3 comment
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Niagara George
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John from Saskatoon
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Sad Clown
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Tim
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Prof. Pye Chartt
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Informed
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Bryn
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DJV
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Secondly, what country would allow a strategic resource to fall into the hands of one giant coporation. It's one thing to be open for business and investment, but it's quite another to be the nieve boy scout of the world, continually dropping your pants and bending over for the multinational corporations of the day.
Time for Min. Prentice to grow a couple and just say NO !
MikeInBC
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Bjorn
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rob jones
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BK
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Pratha v.
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John from Saskatoon
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TerryR of Lethbridgge
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Brad
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Carl
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Bob,Calgary
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Constance
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Mike
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Linda in Vancouver
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Tom Hawley
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Intelligent Liberal
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Doug # BC
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John Sheffrin
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Fred
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Saskatchewan DC
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Fred
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John. Retired PCS employee
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nim from Edmonton
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Fred
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Craven Moorehead
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Tom
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KJ in Kingston Ontario
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keven at potash
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student from saskatoon
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Michael
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Jim in Ottawa
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thetruth1028
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John from Saskatoon
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stance good riddance. We don't want your type here. You're the type of buisness owner that thinks you are owed the world and that it is your inalienable right to have everything given to you. Countries all over the world protect strategic resources because it is smart buisness.
Chuck
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Andrea
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critisize
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WT
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Ben
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Proff Pie Fart
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al
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Will
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