BHP Billiton, involved in a $128 billion plan to buy rival Rio Tinto, was asked by South Africa's Competition Commission on Monday to provide information to evaluate its bid. BHP, the world's biggest miner, has in turn appealed to the Commission's sister authority, the Competition Tribunal, urging it to set aside the summonses from the Commission.
The Tribunal is set to hear an urgent application by BHP on the matter. BHP owns two aluminium smelters in South Africa and one in neighbouring Mozambique. It has coal and manganese operations South Africa, where it has a secondary listing on the Johannesburg bourse.
The Tribunal would hear BHP's application on Thursday and Friday morning, but it was likely the proceedings would be held in camera as BHP had asked for confidentiality, a media official who declined to be named said. "BHP Billiton is objecting to a summons issued to an employee of BHP Billiton to provide certain information to the Commission," a statement from the Tribunal said.
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