BHP Group Limited — M&A Activity 2008

Aug 21, 2008

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A.C.C.C. CALLS FOR COMMENT ON BHP BILLITON'S PROPOSED ACQUISITION OF RIO TINTO

The Australian Competition and Consumer Commission today issued a Statement of Issues on the proposed acquisition of Rio Tinto Ltd and Rio Tinto plc by BHP Billiton Ltd.

The Statement of Issues seeks further information on certain competition issues which have arisen from the ACCC's market inquiries to date.

The ACCC invites further submissions from the market by 5 September 2008. To allow for submissions in response to the Statement of Issues, the ACCC's final decision date will be deferred until 1 October 2008.

Submissions can be sent by email to the ACCC at: mergers@accc.gov.au.

The Statement of Issues will be available on the public merger register page on the ACCC's website, www.accc.gov.au/mergersregister.

Media inquiries Mr Graeme Samuel, Chairman, mobile/pager 0408 335 555 Dr Stephen King, Commissioner, (03) 9290 1863 or 0439 988 901 Ms Lin Enright, Director, Media Unit, (02) 6243 1108 or 0414 613 520 General inquiries Infocentre: 1300 302 502 MR 240/08 22 August 2008

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