Nishat Group's Rafhan Maize deal cleared

CCP authorises major shareholding shift in phase-I review

ISLAMABAD:

The Competition Commission of Pakistan (CCP) has approved the proposed acquisition of shareholding in Rafhan Maize Products Company by a consortium comprising entities of the Nishat Group and associated individuals, following a phase-I review conducted under Section 11 of the Competition Act, 2010.

The transaction involves the acquisition of shares of Rafhan Maize Products from Ingredion Incorporated (the majority seller) and other individual shareholders. The acquiring entities include Nishat Hotels and Properties, DG Khan Cement, Nishat Mills, Lalpir Power, Pakgen Power, Nishat Power, Nishat Chunian Power, and associated individuals.

The commission assessed the transaction in terms of its potential impact on competition in relevant markets. Rafhan Maize Products operates in the upstream market for maize derivative products such as starch, liquid glucose, dextrose, dextrin, and gluten meals, while one of the acquiring entities, Nishat Mills, operates downstream in textile production, where starch is used as an input.

The assessment identified a vertical overlap between the upstream and downstream markets. However, the commission concluded that the transaction was unlikely to result in any substantial lessening of competition. The analysis highlighted that, despite Rafhan's significant position in the upstream market, the presence of alternative domestic suppliers and the availability of imports would constrain any potential anti-competitive conduct. Additionally, starch constitutes a relatively small proportion of input costs in downstream textile production, further limiting any foreclosure risks.

The commission also noted that Rafhan lacked both the ability and incentive to engage in input foreclosure, given the availability of spare production capacity in the upstream market and competitive pressures from other suppliers. On the downstream side, the acquiring entity does not possess sufficient market power to distort competition.