Mining and competition law

  • What is material influence in competition law?

    Material influence—the lowest level of control—implies the presence of factors that give an enterprise/person the ability to influence the affairs and management of the other enterprise, including factors such as shareholding, special rights, status and expertise of an enterprise or person, board representation, .

  • Commodities like gold often trade in markets that are examples of perfect competition.
  • The De-Minimis Exemption Notification provides that, where a portion of an enterprise or division or business is being acquired and/or taken control of, the value of assets and turnover of the said portion or division or business attributable to it and the value of assets and turnover of the acquirer is to be taken
Often there are country-specific competition laws that mining companies must also deal with when involved in a merger or acquisition. Our team has substantial 
Often there are country-specific competition laws that mining companies must also deal with when involved in a merger or acquisition.

Are municipal laws subordinate to conflicting mining laws?

In a 2013 British Columbia Court of Appeal decision, municipal laws were found to be subordinate to conflicting mining legislation.
The court held that municipal bylaws that frustrated the terms of the British Columbia Mines Actpermits, issued by the British Columbia Ministry of Energy, Mines and Petroleum Resources, were invalid.

Does holding equity interests in mines raise competition law concerns?

The holding of equity interests by investors in mines that compete in relation to the same commodity can raise competition law concerns in two key areas:

  • the obtaining and disclosure of commercially sensitive information (CSI); and the potential facilitation of cartel activity.
  • How did the mining law work?

    The law allowed citizens to explore public lands for valuable minerals (such as:

  • gold
  • silver
  • and copper)
  • to stake a claim if minerals could be extracted at a profit
  • and to patent the claim—gaining legal title to the land for a nominal cost—to encourage settlement.
  • What are the health and safety laws pertaining to the mining industry?

    The principal health, safety and labour laws pertaining to the mining industry are:

  • ■ Federal Labour Law. ■ Federal Social Security Law. ■ Federal Regulations on Safety, Health and Work Environment.
  • Mining and competition law
    Mining and competition law
    The history of coal mining in the United States starts with the first commercial use in 1701, within the Manakin-Sabot area of Richmond, Virginia.
    Coal was the dominant power source in the late 1800s and early 1900s, and although in rapid decline it remains a significant source of energy in 2023.
    Mining in Cornwall and Devon

    Mining in Cornwall and Devon

    Mining in the English counties of Cornwall and Devon

    Mining in Cornwall and Devon, in the southwest of Britain, is thought to have begun in the early-middle Bronze Age with the exploitation of cassiterite.
    Tin, and later copper, were the most commonly extracted metals.
    Some tin mining continued long after the mining of other metals had become unprofitable, but ended in the late 20th century.
    In 2021, it was announced that a new mine was extracting battery-grade lithium carbonate, more than 20 years after the closure of the last South Crofty tin mine in Cornwall in 1998.
    Mountaintop removal mining (MTR)

    Mountaintop removal mining (MTR)

    Type of surface mining

    Mountaintop removal mining (MTR), also known as mountaintop mining (MTM), is a form of surface mining at the summit or summit ridge of a mountain.
    Coal seams are extracted from a mountain by removing the land, or overburden, above the seams.
    This process is considered to be safer compared to underground mining because the coal seams are accessed from above instead of underground.
    In the United States, this method of coal mining is conducted in the Appalachian Mountains in the eastern United States.
    Explosives are used to remove up to 400 vertical feet of mountain to expose underlying coal seams.
    Excess rock and soil is dumped into nearby valleys, in what are called holler fills or valley fills.

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