my understanding is that it does not apply because under the terms of the JV, the mines are operated by a single entity but the sales occur as the two seperate companies. The issue with the EU was that there would be a monopoly on sales, which this JV is carefully constructed to avoid. I think this is a good move for BHP but i think it may aggrevate the chinese somewhat. AGO should stand to benefit as far as i can tell. Note i hold BHP