http://www.thedeal.com/NASApp/cs/...PrinterFriendly&cid=1121176454155PetroKazakhstan sale hits snag
by Nick Watson Posted 03:20 EST, 14, Jul 2005
The potential sale of PetroKazakhstan Inc. has been cast into doubt as the oil company's legal disputes worsened after a Kazakh court found the company guilty of violating antimonopoly rules and a potential acquirer, Russia's OAO Lukoil Holdings, filed a countersuit against it.
PetroKazakhstan is considering takeover offers from several Western oil majors and national oil companies. The group would normally be seen as a very attractive acquisition prospect for such oil companies seeking to replenish reserves, but analysts warned the firm's deepening legal problems threaten to hinder any such deal.
PetroKazakhstan, a Calgary, Alberta-based company with operations in the central Asian republic of Kazakhstan, announced Thursday that a court in the Kazakh capital of Astana has found the firm guilty of antimonopoly violations in the distribution of petroleum products on the domestic market and fined it $55.4 million. PetroKazakhstan said it may appeal the decision in the Supreme Court of Kazakhstan.
The news followed the Wednesday announcement by the Russian firm Lukoil that it had filed a $256 million counterclaim against PetroKazakhstan in the Arbitration Institute of the Stockholm Chamber of Commerce.
Lukoil said it is claiming compensation for some $361 million in losses suffered by its joint venture with PetroKazakhstan, ZAO Turgai Petroleum, which came about as a result of its partner obstructing decisions that would have benefited the venture.
PetroKazakhstan initiated proceedings at the court on July 6, 2004, with a claim of $200 million, accusing Lukoil of breaching one shareholder agreement after another.
In light of the problems PetroKazakhstan is facing, Stephen O'Sullivan, an analyst at Moscow brokerage United Financial Group, said "any negotiations could take a long time." Any bidder would first have to gain permission from the Kazakh government, he pointed out.
Nevertheless, the number of offers for the oil producer, whose market capitalization on Thursday was $2.9 billion, appears to be growing. The company says it is weighing those offers with its adviser, Goldman, Sachs & Co.
India's Oil & Natural Gas Corp. Ltd., which has long coveted assets in the Caspian region, is reportedly the latest to throw its hat into the ring. Dow Jones newswires quoted a senior company official Wednesday saying it is considering launching a $3.5 billion bid for PetroKazakhstan, which implies a 22% premium to the current price. The company declined to comment.
Other potential buyers include China National Petroleum Corp., which already has interests in Kazakhstan through a joint venture with Nelson Oil Co., though another Chinese oil group, CNOOC Ltd., may be too preoccupied with its bidding war for El Segundo, Calif.-based Unocal Corp. to spend time assembling an offer for PetroKazakhstan.
Analysts have also speculated Lukoil itself may be interested, which would explain the Russian firm's decision to step up its legal campaign against PetroKazakhstan, as any disputes between the two could be easily resolved if a merger took place. Lukoil was left feeling burned in June by its failure to buy a stake in another independent Caspian producer, Dragon Oil plc.