China’s Antitrust Regulator Preps Probe of Panama Ports Deal

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Hong Kong-based port operator CK Hutchison Holdings is reportedly delaying its sale of two ports on opposite sides of the Panama Canal to a U.S.-led consortium.

The deal has not been called off, according to a report from the South China Morning Post.

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The transaction was initially expected to be signed on April 2, according to the sale announcement made on March 4. But Hutchison has postponed the signing period. The deal also still would need approval from the Panamanian government.

China’s antitrust regulator, the State Administration for Market Regulation (SAMR), said Friday it would vet the deal in a probe.

SAMR is “aware of this transaction and will conduct a review in accordance with the law, to protect fair market competition and public interest,” the watchdog said in a statement. The regulator did not reveal when an investigation would be launched.

Jet Deng, a senior partner at the Beijing office of law firm Dentons, told France-based global news agency AFP that China’s antitrust laws can be applicable outside its borders, similar to those of the U.S. and E.U.

The sale of both ports was part of a wider $23 billion deal to sell 45 ports in 23 countries to a consortium led by asset management giant BlackRock, that also included the terminal operator wing of Mediterranean Shipping Company (MSC). This would give MSC, already the world’s largest container shipping firm, the largest footprint of terminals worldwide with more than 100 across 54 countries.

That part of the deal is expected to proceed “on an expedited basis,” and is expected to go through even if the Panama piece does not.

The parties involved have 145 days to exclusively negotiate the final terms, although they have not explicitly stated when that period startup. After that time runs out, Hutchison can sell the assets to other parties.

Panama’s Balboa and Cristóbal ports are now the epicenter of a broader geopolitical tug-of-war between the U.S. and China that has escalated after the election of President Donald Trump.

President Trump’s desire to “take back” the Panama Canal has been the chief driver of this geopolitical shift, and is part of a platform that has sought to advance American interests in the Western Hemisphere, all while combatting Chinese influence.

In total, 74.7 percent of the cargo that goes through the canal originates or is destined for the U.S., according to data from the Panama Canal Authority. Additionally, 46 percent of the total containers moving from northeast Asia to the U.S. East Coast traverse through the canal, the Commerce Department says.