# C_2008138EN.01005201.xml

| 5.6.2008 | EN | Official Journal of the European Union | C 138/52 |
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5.6.2008

EN

Official Journal of the European Union

C 138/52

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Prior notification of a concentration

(Case COMP/M.4985 — BHP Billiton/Rio Tinto)

(Text with EEA relevance)

(2008/C 138/17)

| 1. | On 30 May 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings BHP Billiton plc (United Kingdom) and BHP Billiton Limited (Australia) (altogether ‘BHP Billiton’) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Rio Tinto plc (United Kingdom) and Rio Tinto Limited (Australia) (altogether ‘Rio Tinto’) by way of pre-conditional all share offer. |
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1.

On 30 May 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings BHP Billiton plc (United Kingdom) and BHP Billiton Limited (Australia) (altogether ‘BHP Billiton’) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Rio Tinto plc (United Kingdom) and Rio Tinto Limited (Australia) (altogether ‘Rio Tinto’) by way of pre-conditional all share offer.

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| 2. | The business activities of the undertakings concerned are:






  — | for BHP Billiton: global diversified resources company with operations producing iron ore, metallurgical and thermal coal, aluminium, copper, uranium, diamonds, other base metals (including lead, zinc, gold, molybdenum and silver), specialty products (including mineral sands), manganese, petroleum and stainless steel materials (including nickel and cobalt), |
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2.

The business activities of the undertakings concerned are:

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for BHP Billiton: global diversified resources company with operations producing iron ore, metallurgical and thermal coal, aluminium, copper, uranium, diamonds, other base metals (including lead, zinc, gold, molybdenum and silver), specialty products (including mineral sands), manganese, petroleum and stainless steel materials (including nickel and cobalt),

| — | for Rio Tinto: global diversified resources company with operations producing iron ore, metallurgical and thermal coal, aluminium, copper, uranium and diamonds as well as other base metals and industrial minerals (including borates, mineral sands, salt and talc). |
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for Rio Tinto: global diversified resources company with operations producing iron ore, metallurgical and thermal coal, aluminium, copper, uranium and diamonds as well as other base metals and industrial minerals (including borates, mineral sands, salt and talc).

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4985 — BHP Billiton/Rio Tinto, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4985 — BHP Billiton/Rio Tinto, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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