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MLex Comment: BHP, Rio JV could escape EC merger review

By Dafydd Nelson ( June 8, 2009, 15:26 GMT | Comment) -- Although a merger notification cannot be ruled out, BHP Billiton and Rio Tinto’s west Australian iron ore joint venture appears to have been structured in such a way as to fall outside the European Commission’s competence for reviewing these types of deals under merger control law. Any review, however, could pin the focus on possible coordination between all of Rio Tinto, BHP and the JV’s separate iron ore sales activities.BHP Billiton and Rio Tinto’s west Australian iron ore joint venture appears to have been structured in such a way as to fall outside the European Commission’s competence for reviewing these types of deals under merger control law....

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