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ARTICLE · 19 NOVEMBER 2010

Foreign Investment Review In Canada After Potash

Blake, Cassels & Graydon LLP
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New guidance is expected from the federal government following BHP Billiton's withdrawal on November 14, 2010 of its offer to acquire Potash Corporation of Saskatchewan Inc.

CanadaAntitrust/Competition Law
Blakes Competition & Antitrust Group
Blakes Competition & Antitrust Group
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Copyright 2010, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Competition, Antitrust & Foreign Investment, November 2010

New guidance is expected from the federal government following BHP Billiton's withdrawal on November 14, 2010 of its offer to acquire Potash Corporation of Saskatchewan Inc.

The offer, which was announced on August 18, 2010, was conditional upon, among other things, receipt of regulatory approval under the Investment Canada Act. BHP Billiton received an interim decision from the Minister of Industry on November 3, 2010, indicating that, at that time, the Minister was not satisfied that the proposed transaction was "likely to be of net benefit to Canada" – the statutory test for approval under the Investment Canada Act.

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