On 2 September 2008, the European Commission (Commission) temporarily stopped its review into BHP Billiton’s takeover of Rio Tinto. Both are British-Australian dual-listed mining companies. The Commission took this step after the parties failed to comply with a request for information on 13 August 2008. The Commission is currently conducting an in-depth investigation into the proposed merger. Its initial investigation highlighted the fact that the combined group would hold a significant share in the market for iron ore, metallurgical coal and uranium. The Commission is also looking at the implications in relation to the aluminum market for use in a whole range of industrial applications. At this stage the parties have an opportunity to allay these concerns. However, in view of the fact that the Commission has “stopped-the-clock” pending a response, the investigation will only proceed once the information the Commission has requested is received. This decision, therefore, can have implications for the timing of the deal.