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BIL
BIBLT
BIL - BHP Billiton Plc - Accc clears proposed acquisition of Rio Tinto
BHP Billiton Plc
Share code: BIL
ISIN: GB0000566504
1 October 2008Number 32/08
ACCC CLEARS PROPOSED ACQUISITION OF RIO TINTO
BHP Billiton today welcomed the decision by the Australian Competition and
Consumer Commission that it does not object to BHP Billiton`s proposed
acquisition of Rio Tinto.
"We are very pleased to have received notice that the ACCC will not object to
our proposed acquisition of Rio Tinto.
"We have long believed in the benefits of the combination of BHP Billiton and
Rio Tinto. Our strategic rationale has always been based on the combined
company having an incentive to produce more product, more quickly, to deliver to
customers." BHP Billiton`s Chief Commercial Officer, Alberto Calderon, said.
Confirmation that the ACCC does not object satisfies the Australian merger
control pre-condition of BHP Billiton`s proposed offer for Rio Tinto. In July,
the U.S. Department of Justice also announced it would not oppose the
transaction. The offer remains subject to the pre-conditions as disclosed in
Appendix 1 of the announcement on 6 February 2008.
Further information on BHP Billiton can be found on our Internet site:
www.bhpbilliton.com
Australia United Kingdom & South Africa
Samantha Evans, Media Andre Liebenberg, Investor
Relations Relations
Tel: +61 3 9609 2898 Mobile: Tel: +44 20 7802 4131
+61 400 693 915 Mobile: +44 7920 236 974
email: email:
Samantha.Evans@bhpbilliton.co Andre.Liebenberg@bhpbilliton.
m com
Peter Ogden, Media Relations Illtud Harri, Media Relations
Tel: +61 3 9609 2812 Mobile: Tel: +44 20 7802 4195
+61 428 599 190 Mobile: +44 7920 237 246
Email: email:
Peter.Ogden@bhpbilliton.com Illtud.Harri@bhpbilliton.com
Leng Lau, Investor Relations United States Scott
Tel: +61 3 9609 4202 Mobile: Espenshade, Investor
+61 403 533 706 Relations
email: Tel: +1 713 599 6431
Leng.Y.Lau@bhpbilliton.com Mobile: +1 713 208 8565
email:
Scott.Espenshade@bhpbilliton.
com
Ruban Yogarajah, Media
Relations
Tel: US +1 713 966 2907 or UK
+44 20 7802 4033Mobile: UK
+44 7827 082 022
email:
Ruban.Yogarajah@bhpbilliton.c
om
Important Notice
The directors of BHP Billiton Limited and BHP Billiton Plc ("BHP Billiton")
accept responsibility for the information contained in this release. Having
taken all reasonable care to ensure that such is the case, the information
contained in this release is, to the best of the knowledge and belief of the
directors of BHP Billiton, in accordance with the facts and contains no omission
likely to affect its import.
Information Relating to the US Offer for Rio Tinto plc
BHP Billiton plans to register the offer and sale of securities it would issue
to Rio Tinto plc US shareholders and Rio Tinto plc ADS holders by filing with
the Securities and Exchange Commission (the "SEC") a Registration Statement (the
"Registration Statement"), which will contain a prospectus (the "Prospectus"),
as well as other relevant materials. No such materials have yet been filed. This
communication is not a substitute for any Registration Statement or Prospectus
that BHP Billiton may file with the SEC.
U.S. INVESTORS AND U.S. HOLDERS OF RIO TINTO PLC SECURITIES AND ALL HOLDERS OF
RIO TINTO PLC ADSs ARE URGED TO READ ANY REGISTRATION STATEMENT, PROSPECTUS AND
ANY OTHER DOCUMENTS MADE AVAILABLE TO THEM AND/OR FILED WITH THE SEC REGARDING
THE POTENTIAL TRANSACTION, AS WELL AS ANY AMENDMENTS AND SUPPLEMENTS TO THOSE
DOCUMENTS, WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT
INFORMATION.
Investors and security holders will be able to obtain a free copy of the
Registration Statement and the Prospectus as well as other relevant documents
filed with the SEC at the SEC`s website (http://www.sec.gov), once such
documents are filed with the SEC. Copies of such documents may also be obtained
from BHP Billiton without charge, once they are filed with the SEC.
Information for US Holders of Rio Tinto Limited Shares
BHP Billiton Limited is not required to, and does not plan to, prepare and file
with the SEC a registration statement in respect of the Rio Tinto Limited Offer.
Accordingly, Rio Tinto Limited shareholders should carefully consider the
following:
The Rio Tinto Limited Offer will be an exchange offer made for the securities of
a foreign company. Such offer is subject to disclosure requirements of a foreign
country that are different from those of the United States. Financial statements
included in the document will be prepared in accordance with foreign accounting
standards that may not be comparable to the financial statements of United
States companies.
Information Relating to the US Offer for Rio Tinto plc and the Rio Tinto Limited
Offer for Rio Tinto shareholders located in the US
It may be difficult for you to enforce your rights and any claim you may have
arising under the U.S. federal securities laws, since the issuers are located in
a foreign country, and some or all of their officers and directors may be
residents of foreign countries. You may not be able to sue a foreign company or
its officers or directors in a foreign court for violations of the U.S.
securities laws. It may be difficult to compel a foreign company and its
affiliates to subject themselves to a U.S. court`s judgment.
You should be aware that BHP Billiton may purchase securities of either Rio
Tinto plc or Rio Tinto Limited otherwise than under the exchange offer, such as
in open market or privately negotiated purchases.
BHP Billiton Plc Registration
BHP Billiton Limited ABN 49 004 028 number 3196209Registered in England
077Registered in AustraliaRegistered and WalesRegistered Office:
Office: Level 27, 180 Lonsdale Street Neathouse Place London SW1V
Melbourne Victoria 3000Telephone +61 1BHUnited KingdomTelephone +44 20
1300 554 757 Facsimile +61 3 9609 7802 4000 Facsimile +44 20 7802
3015 4111
Date: 01/10/2008 09:11:01 Produced by the JSE SENS Department.
The SENS service is an information dissemination service administered by the
JSE Limited (`JSE`). The JSE does not, whether expressly, tacitly or
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