Alphabetical by jurisdiction.
Last updated: 2026-07-09
The Aluminium Warehouse Litigation — A Decade-Long Precedent for Metals Market-Structure Antitrust
The defining metals antitrust case of the past decade was not a government prosecution but a
private multidistrict class action — over Goldman Sachs, JPMorgan, and Glencore's
bank-owned LME warehouses allegedly manipulating aluminium load-out queues — that took more than
seven years to resolve and ultimately failed to produce a liability verdict, even as a separate,
related customs-fraud matter produced one of the largest civil settlements in US trade-enforcement
history in 2026.
1. The core allegation: load-out queues, warrant cancellation, and the Midwest Premium
Beginning in August 2013, a wave of lawsuits — later consolidated by the Judicial Panel on
Multidistrict Litigation into In re Aluminum Warehousing Antitrust Litigation, No. 13-md-2481
(S.D.N.Y.) — alleged that the London Metal Exchange, LME-certified warehouse operators,
and their bank owners conspired to restrain the output of aluminium in violation of Section 1
of the Sherman Act
(Casemine, In re Aluminum Warehousing Antitrust Litigation, 13-md-2481 (KBF)).
The mechanics alleged were specific: Financial Defendants affiliated with Goldman
Sachs & Co., J.P. Morgan Securities plc, and Glencore Ltd. had each acquired an LME-certified
warehousing operator during the 2010 post-financial-crisis aluminium glut — Goldman acquiring
Metro International Trade Services, JPMorgan acquiring Henry Bath, and Glencore acquiring Pacorini
Metals — and then used their combined trading and warehousing positions to needlessly cancel and
re-issue LME warrants, shuttling aluminium between their own warehouses rather than releasing it to the
market
(A&O Shearman, Class Certification Order, In re Aluminum Warehousing (July 2020)).
Plaintiffs alleged this lengthened load-out delivery queues from roughly six weeks pre-2011 to
nearly two years (approximately 625 days) by 2014, which in turn allegedly caused the
Platts Midwest Premium — a standard component of US primary-aluminium pricing
— to nearly triple, from about 6.45 cents per pound in 2011 to 20 cents per pound by
2014
(A&O Shearman, Class Certification Order (July 2020)).
The episode had already drawn US Senate scrutiny before the litigation matured: a 2013 Permanent
Subcommittee on Investigations hearing examined Wall Street banks' physical-commodity and warehousing
activities directly, and the CFTC issued subpoenas to Goldman Sachs and other warehouse owners the same
year as part of a market-manipulation inquiry
(The New York Times, US Subpoenas Goldman in Inquiry of Aluminum Warehouses).
2. Litigation outcome: LME sovereign immunity, dismissed claims, and no liability finding
The litigation's trajectory diverged sharply from a typical antitrust settlement narrative. On 25
August 2014, the court dismissed the LME itself from the case entirely, holding that the
Exchange's conduct in setting warehouse load-out rules was regulatory, not commercial,
activity and therefore immune from suit under the Foreign Sovereign Immunities Act — a
ruling the court itself called “somewhat surprising and counterintuitive” but nonetheless
upheld on reconsideration
(US District Court SDNY, In re Aluminum Warehousing Antitrust Litigation, Order on Reconsideration).
Claims against Goldman Sachs Group, JPMorgan Chase & Co., and several Glencore holding entities were
separately dismissed on pleading-sufficiency grounds in March 2015, though the Second Circuit revived
direct-purchaser claims in August 2019, holding that purchasers who bought primary aluminium directly
from smelters — as opposed to end users of finished aluminium products — had suffered a
sufficiently direct injury to have antitrust standing
(Reuters via Investing.com, US Appeals Court Revives Aluminum Antitrust Cases vs Goldman, JPMorgan, Glencore).
Even after revival and years of fact discovery, the financial defendants ultimately prevailed: in
February 2021, the court dismissed most of the remaining claims on summary judgment, finding
insufficient evidence tying the alleged conduct to actionable price-fixing under the specific legal
standards the case required
(Bloomberg Law, Goldman Sachs Wins Dismissal of Most Claims in Aluminum Suit).
The litigation's core lesson for metals-market structure was therefore procedural as much as
substantive: exchange-set warehousing rules enjoy a strong immunity shield, and proving that
profit-maximizing warehouse-queue behavior crosses the line into unlawful conspiracy requires a higher
evidentiary bar than plaintiffs could ultimately clear.
3. The related 2026 precedent: a $549.5 million customs-fraud settlement
A parallel, factually distinct matter involving many of the same warehousing facilities produced a
starkly different outcome in 2026. On 12 May 2026, the US Department of Justice
announced that Perfectus Aluminum Inc., its affiliate, and four associated warehousing
companies agreed to pay $549.5 million to resolve civil False Claims Act allegations
that they had knowingly evaded antidumping and countervailing duties on aluminium extrusions imported
from China between 2011 and 2014 — disguising more than 2.2 million spot-welded aluminium
extrusions as finished shipping pallets to avoid countervailing duties of 374.15%
on over $880 million of imported material
(ArentFox Schiff, DOJ Secures Record $550 Million Settlement Over Alleged Aluminum Customs Fraud).
The civil settlement followed a criminal conviction: on 23 August 2021, a federal jury in the Central
District of California convicted the defendants of conspiracy, wire fraud, and passing false customs
documents, resulting in a restitution order of $1.836 billion payable to US Customs
and Border Protection and forfeiture of 279,808 aluminium structures
(OCCRP, Six US Companies Ordered to Pay $1.83 Billion in Restitution for Aluminum Conspiracy).
The 2026 civil resolution — coordinated through the DOJ's newly created Trade Fraud Task
Force, established only nine months earlier in partnership with CBP — was structured as
$349.6 million tied to the sale of the warehouses and $200 million tied to the sale of the seized
aluminium pallets themselves, illustrating how metals-warehousing infrastructure has become a recurring
node for both antitrust-adjacent market-structure litigation and separate customs-fraud enforcement
(ArentFox Schiff, DOJ Secures Record $550 Million Settlement).
Current status (July 2026):
The core 2013–2021 warehouse antitrust litigation closed without an adjudicated liability finding
against the financial defendants, cementing strong FSIA-based immunity for exchange rulebook conduct;
the DOJ's 2026 record customs-fraud settlement over the same warehousing infrastructure shows regulatory
risk in metals storage has shifted toward trade-compliance and False Claims Act enforcement rather than
Sherman Act theories. Watch: whether the DOJ's Trade Fraud Task Force opens further
warehouse-linked customs investigations, and continued congressional interest in bank ownership of
physical commodity infrastructure.
Last updated: 2026-07-09
The 2024–2026 Mega-Merger Wave — Glencore/Viterra/Bunge and the BHP-Anglo-Teck Triangle
Two of the largest corporate-combination contests in commodities history played out
simultaneously across 2024–2025: Glencore's sale of Viterra into Bunge cleared multiple
antitrust regimes with divestments, while BHP's unsuccessful pursuit of Anglo American ultimately
cleared the field for a $53 billion Anglo-Teck copper consolidation instead.
1. Bunge–Viterra: EU conditional clearance and a two-year path to closing
Bunge and Glencore-backed grain trader Viterra announced their planned $34 billion combination in June
2023, immediately drawing scrutiny given both companies' scale in global oilseed processing and grain
trading
(Reuters, Bunge to Merge With Viterra to Form Agriculture Trader).
The European Commission's review proved decisive: after initially seeking unconditional clearance, the
companies proposed in July 2024 to divest Viterra's oilseed crushing and refining facilities in
Hungary and Poland after the Commission found the deal would create “considerable
concentration” of Central European oilseed-processing capacity
(Farmers Weekly, Grain Giants Bunge and Viterra Merger Approved by EU).
The European Commission approved the merger with those divestment conditions by early August 2024,
while Canada's Competition Bureau separately flagged localized concerns around canola sales and
Bunge's minority stake in grain-export operator G3 Canada, though it found no broader concerns
regarding grain purchasing, port-terminal operations, or specialty-oil markets across most of Canada
(Farmers Weekly, Grain Giants Bunge and Viterra Merger Approved by EU).
The deal ultimately closed nearly two years after announcement: Glencore confirmed the transaction's
completion on 2 July 2025, with Glencore simultaneously launching a $1 billion share
buyback funded by proceeds and retaining a minority equity stake in the combined Bunge-Viterra entity
(Glencore, Closing of Viterra/Bunge Merger).
By August 2025, Glencore signaled its long-term strategy could involve eventually selling down that
residual Bunge stake entirely
(Reuters, Glencore Says Long-Term Strategy May Involve Sale of Bunge Stake).
2. BHP's twice-rejected bid for Anglo American, and the regulatory shadow over it
BHP launched its pursuit of Anglo American on 25 April 2024 with an all-share proposal
valuing the target at roughly $39 billion, structured to require Anglo to first spin
off its South African iron-ore and platinum businesses — a structuring choice market analysts
immediately flagged as designed partly to manage the antitrust and regulatory complexity of combining
two of the world's largest copper producers
(The New York Times, Mining Giant BHP Makes $39 Billion Bid for Rival Anglo American).
Anglo's board unanimously rejected BHP's revised proposal on 22 May 2024, and BHP
ultimately walked away under UK Takeover Panel “put up or shut up” rules after failing to
improve terms by the extended deadline
(Anglo American, Anglo American Rejects Further BHP Proposal and Extends PUSU Deadline).
BHP's own disclosures acknowledged the regulatory dimension explicitly, stating it would discuss an
“appropriate reverse break fee” payable by BHP specifically in the event antitrust and
regulatory approvals — including in South Africa, where Anglo's exit from local
ownership carried pre-election political sensitivity — were not obtained
(BHP, Exchange Release: Update on BHP's Offer for Anglo American).
South Africa's mining regulatory authorities were reported to be closely examining the proposed
transaction given the economic stakes of Anglo's potential exit from the country ahead of national
elections
(Reuters, BHP Bids $39 Billion for Anglo American as Miners Chase Copper).
BHP returned with a renewed approach in late 2025 but abandoned it definitively on 23 November
2025, stating its own organic growth plan was “compelling” enough without the
acquisition, clearing the way for Anglo's alternative combination with Teck Resources
(Reuters, BHP Abandons Anglo American Approach, Says Own Growth Plan Compelling).
3. Anglo American–Teck: the $53 billion copper consolidation that filled the vacuum
With BHP's approach rebuffed, Anglo American and Canadian miner Teck Resources announced a
“merger of equals” on 9 September 2025, creating a combined entity valued
at roughly $53 billion and positioned as one of the world's largest copper producers,
with a planned London primary listing
(The Guardian, Anglo American to Merge With Rival Teck in $53bn Mining Group).
Market commentary immediately noted this transaction would itself draw multi-jurisdictional competition
review given the combined copper-production scale, though analysts assessed BHP as unlikely to
counter-bid for either party given its stated preference for organic growth
(Reuters, BHP Seen as Unlikely to Pounce on Anglo or Teck as It Eyes Organic Growth).
The transaction proceeded to a shareholder vote scheduled for 9 December 2025, with
BHP's final withdrawal explicitly timed just before that vote, removing the last plausible competing
bid from the table
(Mining Reporters, BHP Drops Renewed Anglo Bid as Teck Merger Vote Nears Dec 9).
Current status (July 2026):
Bunge-Viterra closed in July 2025 after EU-mandated divestments in Hungary and Poland; BHP's two
attempts on Anglo American both failed, clearing the way for the Anglo-Teck copper merger approved by
shareholders in December 2025. Watch: competition-authority review of the Anglo-Teck
combination itself across the UK, EU, Canada, South Africa, and Chile given the parties' combined
copper concentration, and whether Glencore fully exits its residual Bunge stake.
Last updated: 2026-07-09
The CMA's Reformed Merger Regime and Its Relevance to Metals Consolidation
The UK's Competition and Markets Authority overhauled its merger-control thresholds and Phase 2
process in 2024–2025, raising the bar for jurisdiction over smaller deals while
streamlining in-depth reviews — changes with direct relevance to London-listed and London-traded
metals and mining combinations.
1. The Digital Markets, Competition and Consumers Act's new jurisdictional thresholds
Effective from UK merger-control reforms implemented under the Digital Markets, Competition and
Consumers Act (DMCC), the CMA's target-turnover jurisdictional threshold rose from £70 million
to £100 million, while a new “hybrid” threshold was introduced to
capture deals where either party holds at least a 33% UK share of supply combined with
UK turnover exceeding £350 million, provided the other party has a UK nexus
(WilmerHale, UK Merger Control in 2024/25: Key Takeaways).
A companion exemption removed CMA jurisdiction entirely for deals where each merging party has UK
turnover below £10 million, regardless of market overlap — a small-deal safe
harbor intended to reduce review burden on immaterial transactions
(WilmerHale, UK Merger Control in 2024/25).
The updated CMA2 jurisdictional guidance, reissued August 2024 and further refreshed December 2025,
codifies the mechanics of the standard turnover test (UK target turnover exceeding £100 million) and
the share-of-supply test (a merging party controlling at least 25% of a particular good or service
category in the UK)
(CMA, Mergers: Guidance on the CMA's Jurisdiction and Procedure (CMA2)).
2. Phase 2 process reform and 2024's record interventionism
The CMA adopted a new Phase 2 investigation process from April 2024, intended to
streamline in-depth merger reviews while preserving the statutory duty to refer any merger presenting a
realistic prospect of a substantial lessening of competition
(GOV.UK, New Phase 2 Investigation Process Adopted by CMA).
Despite process streamlining, 2024 proved to be the most interventionist year on record
for CMA merger-outcome statistics, reflecting heightened scrutiny even as the reformed thresholds aimed
to reduce caseload on immaterial deals
(Steptoe, UK CMA Merger Outcome Statistics Show 2024 Was the Most Interventionist on Record).
The CMA's own impact assessment estimated the merger regime saved UK consumers a cumulative £3.07
billion over the three financial years spanning 2022–2025, averaging roughly £1.02
billion annually, a figure the Authority cites as its primary economic justification for
continued active merger enforcement even amid a broader UK “pro-growth” policy push to
reduce regulatory friction on business
(GOV.UK, CMA Impact Assessment 2024 to 2025).
3. Precedent for metals: abandoned deals and remedy reviews
The CMA's track record includes at least one direct metals-sector abandonment: metallurgy firms
pursuing a merger withdrew from the transaction in January 2021 rather than continue through a CMA
Phase 2-track investigation, illustrating the deterrent effect of the Authority's referral power even
absent a final prohibition decision
(GOV.UK, Metallurgy Firms Abandon Merger During CMA Investigation).
Separately, the CMA in 2025 launched a broader strategic review of merger remedies,
soliciting input through a call for evidence running to 12 May 2025 on how the Authority determines and
monitors post-merger remedies, with a December 2025 update releasing remedies across 37
historical cases following the review's early findings
(GOV.UK, Strategic Review of Merger Remedies 2025).
For metals and mining transactions specifically, this remedy-review infrastructure matters because
divestment-style remedies — as used in the EU's Bunge-Viterra clearance — are the CMA's
preferred tool where a completed merger has already occurred, with the Authority's guidance stating it
will “normally seek to divest all or part of the acquired business to a suitable purchaser who
can provide effective competition” rather than unwind a transaction entirely
(CMA, A Quick Guide to UK Merger Assessment (CMA18)).
Current status (July 2026):
The CMA's DMCC-driven threshold reforms and Phase 2 process changes are fully in effect, with 2024
marking a record-interventionist year despite the higher jurisdictional bar; the Authority's ongoing
strategic review of merger remedies is actively reshaping how future metals and mining deals will be
conditioned. Watch: how the CMA's remedies-review conclusions (expected to finalize
proposals for implementation by end of 2025/into 2026) apply to any UK-nexus review of the Anglo-Teck
copper combination.