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Consequences of the Panama court decision to quash CK Hutchison's port concessions

The Panama Supreme Court annulled CK Hutchison’s contract last week to operate two Panama Canal Ports. This was part of a deal worth $23 billion to sell all the global port assets owned by the Hong Kong-based conglomerate.

Court said that the contract of Panama?Ports Company, a subsidiary of CK Hutchison, violated Panama’s constitution because it gave the company exclusive tax benefits and privileges.

What We Know:

CK 'Hutchison is controlled by Hong Kong’s richest man Li Ka -shing. In March last year, a deal was announced that covered 43 ports in '23 countries', 'including two near the Panama Canal', with a group headed by BlackRock, and Italian Gianluigi Aponte’s family-run MSC shipping company.

After Beijing condemned the deal, in July the conglomerate announced that it was in discussions to include a Chinese "major investor" as a strategic partner in the consortium.

Sources say that the Chinese investor was COSCO. It wanted a majority stake while others preferred a minority shareholding. This became a sticking-point in the talks.

COSCO has not responded to a comment request.

CK Hutchison shares have fallen?more that 8% since the ruling of the court, but they are still at their highest level since June 2021. Investors believed that the sale would earn the company over $19 billion. It has risen by nearly 60%.

TENSION BETWEEN CHINA AND UNITED STATES This deal opened a brand new front of contention between the United States, and China as they fight for control over?the most important trade routes in the world. CK Hutchison’s Balboa & Cristobal Ports are considered strategic assets for the Panama Canal. This is the main seaborne trade route to the United States. Balboa lies at the Pacific entrance of the canal, while Cristobal is located?at its Atlantic entrance.

The canal is a vital link in the U.S. supply chain, as it accounts for more than 40% of container traffic valued at approximately $270 billion per year.

Donald Trump at first welcomed CK Hutchison’s proposed sale - to Blackrock and MSC - saying he wished to retake the strategic waterway.

CK Hutchison was deemed a security threat to canal operations by American legislators.

John Moolenaar of the U.S. House Select Committee on China called it a win for America.'

Beijing, in a sign of China’s discomfort, had stated that it would block the deal unless Chinese ownership is involved.

The Chinese Foreign Ministry announced on Friday that it will take "all necessary steps" to protect the rights and interests Chinese companies.

Hong Kong's Government said that it was strongly against?any foreign governments using "coercive means" to harm the business interests of the territory.

What's at Stake and what Comes Next:

Although the two ports only account for 5% of Hutchison Port Holdings earnings before interest tax, depreciation, and amortization (EBITA), they are strategically important.

PPC stated that it reserves the right to initiate?national and internationally legal proceedings following the court ruling. Analysts said the port company can seek clarifications which could slow termination.

Although it is not clear how the loss of Panama's ports will impact CK Hutchison’s global ports deal. Some analysts, such as JPMorgan and Citigroup said that parties would find it easier to reach an agreement if Panama was removed from the equation.

A person with direct knowledge about the transaction who spoke under the condition of anonymity said that all parties were still in 'talks' on the sale of CK Hutchison ports.

Ports in Rotterdam, the Netherlands, Barcelona, Spain, Mexico, and the Bahamas are also included in the sale of strategic assets.

CK Hutchison’s China ports are important, but they are not included in the sale.

Another source familiar with the situation said that one option being discussed is to break up the portfolio so the three bidders can have stakes in separate ports.

CK Hutchison MSC and Blackrock have not responded to comment requests.

According to sources, it may take two years or more to overcome all regulatory obstacles. This is because of the many challenges involved. For example, obtaining approval from anti-competition authorities in over 50 jurisdictions. Reporting by Clare Jim in Hong Kong and Kane Wu, Scott Murdoch at Sydney; Editing done by Anne Marie Roantree & Clarence Fernandez

(source: Reuters)