BHP Billiton Ltd and WMC Resources Ltd

The judgment

The court's own file

COMPETITION TRIBUNAL REPUBLIC OF SOUTH AFRICA Case no.: 24/LM/Mar05 In the large merger between: BHP Billiton Ltd and WMC Resources Ltd Order Further to the recommendation of the Competition Commission in terms of section 14A(1)(b), the Competition Tribunal orders that — 1, the merger between BHP Billiton Ltd and WMC Resources Ltd be approved in terms of section 16(2)(a); and 2. a Merger Clearance Certificate be issued in terms of Competition Tribunal rule 35(5)(a). {i — 26 April 2005 D Lewis Date Concurring: N Manoim and Y Carrim About this Notice This notice is issued _ in terms of section 16. of the.Competition : : Act. : : You may appeal : against this decision to | the Competition _ Appeal Court within _ 20 business days. : Bontacting _the Tribunal | The ‘Competition Tribunal | “Private Bag X28 «© Lynnwood Ridge ___ Pretoria 0040, Republic of South Africa : ‘tel: 2712 394 3300 fax: 27 12 394 0169 competitiontribunal south africa Merger Clearance Certificate 26-Apr-2005 Date: Te: Cliffe Dekker (Name and file number of merger:) BHP Billiton Ltd and WMC Resources Ltd Case no.: 24/LM/Mar05 e-mail: ctsa@comptrib.co.za You applied to the Competition Commission on 22-Mar-2005 for merger approval in accordance with Chapter 3 of the Competition Act. Your merger was referred to the Competition Tribunal in terms of section 14A of the Act, or was the subject of a Request for Consideration by the Tribunal in terms of section 16(1) of the Act. After reviewing all relevant information, and the recommendation or decision of the Competition Commission, the Competition Tribunal approves the merger in terms of section 16(2) of the Act, for the reasons set out in the Reasons for Decision. This approval is subject to: no conditions. [| the conditions listed on the attached sheet. The Competition Tribunal has the authority in terms of section 16(3) of the Competition Act to revoke this approval if {a) it was granted on the basis of incorrect information for which a party to the merger was responsible. (b) the approval was obtained by deceit. (c) a firm concerned has breached an obligation attached to this approval. The registrar, Competition Tribunal: Bo Thie farm ic nreccrihed hy the Minicter sf Trade and Tndiictry in terme nf certioh 27 (95 af the Camnetitinn Act 1992 fart Nn RO nf 190R)