FORM 425

Filed by: BHP Billiton Plc

and BHP Billiton Limited

Pursuant to Rule 425 under the Securities Act of 1933

Subject Company: Rio Tinto plc

Commission File No.: 001-10533

LOGO

NEWS RELEASE

 

Release Time    IMMEDIATE
Date    4 November 2008

UPDATE ON EUROPEAN COMMISSION PROCESS

BHP Billiton confirms that it has received a Statement of Objections from the European Commission in relation to its pre-conditional offer for Rio Tinto.

BHP Billiton is continuing to work cooperatively with the European Commission and, in accordance with the established merger review process, will be responding in due course to address the issues raised.

 

Further information on BHP Billiton can be found on our Internet site: www.bhpbilliton.com

 

Australia

Samantha Evans, Media Relations

Tel: +61 3 9609 2898   Mobile: +61 400 693 915

email: Samantha.Evans@bhpbilliton.com

   

United Kingdom & South Africa

Andre Liebenberg, Investor Relations

Tel: +44 20 7802 4131   Mobile: +44 7920 236 974

email: Andre.Liebenberg@bhpbilliton.com

   

Peter Ogden, Media Relations

Tel: +61 3 9609 2812   Mobile: +61 428 599 190

Email: Peter.Ogden@bhpbilliton.com

   

Illtud Harri, Media Relations

Tel: +44 20 7802 4195   Mobile: +44 7920 237 246

email: Illtud.Harri@bhpbilliton.com

  

Leng Lau, Investor Relations

Tel: +61 3 9609 4202   Mobile: +61 403 533 706

email: Leng.Y.Lau@bhpbilliton.com

   

United States

Scott Espenshade, Investor Relations

Tel: +1 713 599 6431   Mobile: +1 713 208 8565

email: Scott.Espenshade@bhpbilliton.com

   
  

Ruban Yogarajah, Media Relations

Tel: US +1 713 966 2907 or UK +44 20 7802 4033

Mobile: UK +44 7827 082 022

email: Ruban.Yogarajah@bhpbilliton.com

   

 

           BHP Billiton Limited ABN 49 004 028 077    BHP Billiton Plc Registration number 3196209
           Registered in Australia    Registered in England and Wales
           Registered Office: 180 Lonsdale Street    Neathouse Place
           Melbourne Victoria 3000 Australia    London SW1V 1BH United Kingdom
           Tel +61 1300 55 4757 Fax +61 3 9609 3015    Tel +44 20 7802 4000 Fax +44 20 7802 4111
  

 

        A member of the BHP Billiton group which is headquartered in Australia

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Important Notice

The directors of BHP Billiton Limited and BHP Billiton Plc (“BHP Billiton”) accept responsibility for the information contained in this release. Having taken all reasonable care to ensure that such is the case, the information contained in this release is, to the best of the knowledge and belief of the directors of BHP Billiton, in accordance with the facts and contains no omission likely to affect its import.

Information Relating to the US Offer for Rio Tinto plc

In connection with the offer and sale of securities BHP Billiton would issue to Rio Tinto plc US shareholders and Rio Tinto plc ADS holders, BHP Billiton has filed with the Securities and Exchange Commission (the “SEC”) a Registration Statement on Form F-4 (the “Registration Statement”), which contains a preliminary prospectus (the “Prospectus”), and will file additional relevant materials with the SEC. This communication is not a substitute for the Registration Statement or the Prospectus that BHP Billiton has filed, or any amendments or supplements to those documents BHP Billiton may file, with the SEC.

U.S. INVESTORS AND U.S. HOLDERS OF RIO TINTO PLC SECURITIES AND ALL HOLDERS OF RIO TINTO PLC ADSs ARE URGED TO READ THE REGISTRATION STATEMENT, THE PROSPECTUS AND ANY OTHER DOCUMENTS MADE AVAILABLE TO THEM AND/OR FILED WITH THE SEC REGARDING THE POTENTIAL TRANSACTION, AS WELL AS ANY AMENDMENTS AND SUPPLEMENTS TO THOSE DOCUMENTS, WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION.

Investors and security holders are able to obtain a free copy of the Registration Statement and the Prospectus as well as other relevant documents filed with the SEC at the SEC’s website (http://www.sec.gov). Copies of such documents may also be obtained from BHP Billiton without charge.

Information for US Holders of Rio Tinto Limited Shares

BHP Billiton Limited is not required to, and does not plan to, prepare and file with the SEC a registration statement in respect of the Rio Tinto Limited Offer. Accordingly, Rio Tinto Limited shareholders should carefully consider the following:

The Rio Tinto Limited Offer will be an exchange offer made for the securities of a foreign company. Such offer is subject to disclosure requirements of a foreign country that are different from those of the United States. Financial statements included in the document will be prepared in accordance with foreign accounting standards that may not be comparable to the financial statements of United States companies.

Information Relating to the US Offer for Rio Tinto plc and the Rio Tinto Limited Offer for Rio Tinto shareholders located in the US

It may be difficult for you to enforce your rights and any claim you may have arising under the U.S. federal securities laws, since the issuers are located in a foreign country, and some or all of their officers and directors may be residents of foreign countries. You may not be able to sue a foreign company or its officers or directors in a foreign court for violations of the U.S. securities laws. It may be difficult to compel a foreign company and its affiliates to subject themselves to a U.S. court’s judgment.

You should be aware that BHP Billiton may purchase securities of either Rio Tinto plc or Rio Tinto Limited otherwise than under the exchange offer, such as in open market or privately negotiated purchases.