GOLD FIELDS LIMITED - GOLD FIELDS WELCOMES DECISION OF COMPETITION APPEAL COURT
GOLD FIELDS LIMITED
Registration number: 1968/004880/06
ISIN: ZAE000018123 JSE Code: GFI
MEDIA RELEASE
Gold Fields welcomes decision of Competition Appeal Court
Johannesburg, 26 November 2004. The Board of Directors (the `Board`) of Gold
Fields Limited (GFI: JSE and NYSE) welcomed the decision of the Competition
Appeal Court in South Africa (the `Court`) that the early settlement offer by
Harmony Gold Mining Company (`Harmony`) for Gold Fields is a notifiable merger
for competition purposes and may not be implemented prior to its notification
and approval.
In their ruling, the Court interdicted and restrained Harmony from voting or
exercising any rights attaching to any Gold Fields shares which it may acquire
under the early settlement offer or otherwise until approval for the early
settlement offer has been obtained from the competition authorities.
Harmony was also ordered to pay Gold Fields` costs.
Ian Cockerill, Chief Executive of Gold Fields, commented:
`We have been vindicated. Our objective from the outset has been to protect our
shareholders` interests. This ruling upholds our view that the nature of
Harmony`s hostile two-stage offer was unfair and designed to evade proper
regulatory scrutiny and disenfranchise the majority of our shareholders.
This is a victory for shareholder democracy. It is also a victory for South
Africa and proof of the strength of its regulatory environment.
We urge shareholders to reject the Harmony offer; keep their options open and
not tender their shares.`
ends
For more information please visit http://www.goldfields.co.za
In the United States, Gold Fields Limited (`Gold Fields`) has filed a
Solicitation/Recommendation Statement with the US Securities and Exchange
Commission (the `SEC`) on Schedule 14D-9 and holders of the Gold Fields Ordinary
Shares and American Depositary Shares are advised to read it as it contains
important information. Copies of the Schedule 14D-9 and other related documents
filed by Gold Fields are available free of charge on the SEC`s website at
http://www.sec.gov. Any documents filed by Harmony Gold Mining Company Limited,
including any registration statement on Form F-4 (including any prospectus
contained therein) and related exchange offer materials as well as its Tender
Offer Statement on Schedule TO, will also be available free of charge on the
SEC`s website.
The directors of Gold Fields accept responsibility for the information contained
in this document. To the best of their knowledge and belief (having taken all
reasonable care to ensure that such is the case) the information contained in
this document is in accordance with the facts and does not omit anything likely
to affect the import of such information.
Copies of this document are not being made available, and must not be mailed,
forwarded, transmitted or otherwise distributed or sent in or into Australia,
Canada, Japan, the Republic of Ireland or any other jurisdiction in which it is
illegal to make this document available and persons receiving this document
(including custodians, nominees and trustees) must not distribute, forward,
mail, transmit or send it in or into or from Australia, Canada, Japan, the
Republic of Ireland or any such other jurisdiction.
Gold Fields Limited
Reg. 1968/004880/06
24 St Andrews Road
Parktown, 2193
Postnet Suite 252
Private Bag X30500
Houghton, 2041
South Africa
T +27 11
e 644-2400
l
D +27 11
i 644-2460
r
F +27 11
a 484-0639
x
www.goldfields.co.za
Enquires
South Africa
Willie Jacobsz
T +27 11
e 644-2460
l
F +27 11
a 484-0639
x
North America
Cheryl A Martin
T +1 303
e 796-8683
l
F +1 303
a 796-8293
x
Profile Group (Pty) Ltd. has taken care in preparing all information on this website, but does not accept any liability for errors or out-of-date information.
