Helen Power, M&A Correspondent and Miles Costello
Attend an evening with Andre Agassi

BHP Billiton’s hostile pursuit of Rio Tinto, its mining rival, ended yesterday, bringing to a halt an extraordinary bonanza for advisers who have reaped more than £400 million in fees and other payments from the failed bid effort (see Commentary, facing page).
BHP infuriated its shareholders by revealing that it had spent $450 million (£291 million) on the failed deal, running up vast bills for the arrangement of financing and advice from investment banks, lawyers, accountants and public relations firms.
Rio Tinto, meanwhile, is estimated to have spent about £120 million on the six investment banks, two law firms, one accountant and one public relations company that it used to help to fend off the unwanted suitor.
With few sizeable global mergers and acquisitions mandates on the horizon, the collapse of the bid is a bitter blow to the many advisers.
Of the BHP fees, it is understood that about $75 million is for the $55 billion committed lending facility involving Goldman Sachs, Barclays, HSBC and others that the miner secured to help to fund the prospective $147.8 billion takeover bid last year.
Of BHP’s other fees, it is believed that the bulk will go to legal and tax advisers who charge by the hour and billed for thousands of hours worked, particularly on regulatory clearance. Goldman Sachs pocketed a significant success fee in February, when BHP initiated a formal bid, but since then will have been paid only relatively modest sums. Rio will reveal the cost of its defence next year.
Key shareholders in BHP Billiton – many of whom also have cross-holdings in Rio – toldThe Times that they were stunned that Marius Kloppers, the chief executive of BHP, had, without warning, dropped a mega-merger that he described only weeks ago as “a deal for all seasons”.
One top ten shareholder said: “The fees are an absolute disgrace. This is an appalling destruction of value that has redistributed wealth from shareholders and the company to legal and financial advisers in the City.” Another said: “Perhaps the chief executive’s bonus could be used to help pay for it.”
A third shareholder with a big cross-holding was incensed by BHP, but noted that Rio would have to sort out its own business: “We could sack the boards, but I don’t get the sense that there is strong feeling for that at the moment. We would tell Marius Kloppers that we told him so and he should not have bid; we would tell Rio Tinto to sort out its balance sheet.”
BHP’s share price closed at £10.51, up by 7.2 per cent, and Rio ended at £15.55, down 36.7 per cent. Rio’s share price was also hit by fears that it would struggle to refinance $8.9 billion of debt, used to help to finance its Alcan acquisition, which comes due next October. Some analysts suggest that Rio will struggle to repay the loan unless it raises fresh equity capital. Rio denies this and said that it would not seek to raise new equity in 2009.
Last night Moody’s Investors Service placed the A3 senior unsecured rating for the Rio Tinto Group of companies, under review for possible downgrade.
BHP took the decision to drop its bid at a board meeting in Australia on Monday before making its formal announcement yesterday. Sources close to the board said that the European Commission’s insistence that BHP divest Rio Tinto’s key iron ore and coal assets was the deal breaker.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
£353 per day
Phonepay Plus
London
£12,000 plus expenses
Ministry of Justice
London
£85k
CPA
Highly Competitve
Specsavers
Whiteley, near Southampton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
7nts - Penang £499; Borneo £699; All Inclusive £799 including flights, taxes, accommodation and private transfers
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.