It is no longer possible to be
granted authorisation or negative clearance by Commission decisions.
The Australian Competition Tribunal last week
granted authorisation for the proposed Tabcorp / Tatts merger.
The ACCC has «
granted authorisation for five years to the Australian Retail Credit Association Ltd (ARCA) in relation to principles for exchanging comprehensive consumer credit data between signatory credit reporting bodies and lenders».
The Trade Practices Commission
granted authorisation for Davids Ltd to acquire the shares and securities of Composite Buyers Ltd (CBL).
The ACCC has
granted authorisation to a group of Queensland coal producers, known as the RG Tanna Coal Export Terminal Producers (the applicants), to collectively negotiate with Gladstone Ports Corporation (GPC).
The ACCC has
granted authorisation for «Renewal SA to sell a section of a development site in Bowden, South Australia to Investec» - the arrangement will see Renewal and Investec setting maximum rental prices and minimum sales prices and «apply restrictive criteria for eligible participants.
The ACCC «has
granted authorisation to the Catholic Negotiating Alliance (CNA), a network of nine hospital and aged care service providers, to collectively negotiate with Funding Organisations (including private health funds) and suppliers of various goods and services.»
The ACCC has granted «
granted authorisation to the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) to implement collective bargaining arrangements for translator and interpreter members who operate as independent contractors.»
The ACCC «has
granted authorisation for Metropolitan Melbourne Waste Management Group and eight metropolitan Melbourne councils to jointly tender and enter into contracts for the supply of organic waste processing services.»
The ACCC today granted «interim authorisation to the Victorian Potato Growers Council and its members to continue collectively negotiating contracts and keep doing business through contracts negotiated under the previous authorisation granted in 2007»,
granted authorisation to an «Affiliation Agreement between Emirates and Flydubai, and separately, to a Commercial Alliance between Etihad and Air Berlin» and
granted authorisation «to Star Alliance for its Corporate Plus, Conventions Plus and Meetings Plus programs for a period of eight years».
Three mergers were
granted authorisation during the ten year period during which the Tribunal had first instance decision - making power in merger authorisation cases (between 2007 - 5 November 2017).
Application by AGL Energy Ltd for Merger Authorisation (ACT 1 of 2014) Tribunal determination: on 25 June 2014 the Tribunal
granted authorisation for this proposed acqusition.
The Australian Competition and Consumer Commission has
granted authorisation allowing a group of small business owner drivers to collectively bargain with Toll Transport Pty Ltd for the supply of air freight courier transport services at the Toll Priority Brisbane depot.
The ACCC will be able to
grant authorisation if either they are satisfied the proposed merger will not substantially lessen competition or it will produce a benefit to the public that would outweigh any public detriment.
[para 59] The Tribunal must not
grant an authorisation unless satisfied that, in all of the circumstances, the proposed acquisition would result, or be likely to result, in «such a benefit to the public that the acquisition should be allowed to occur»: s 95AZH (1).
If the ACCC is satisfied that the relevant legal test is met and
grants authorisation, this removes the risk of legal action under the competition provisions.
As such the ACCC considers it is in a position to
grant authorisation for ten years, rather than the five sought by the ADF.»»
The ACCC issued a draft ruling in August proposing to
grant authorisation to BP for the scheme, conditional on acceptable undertakings.
The ACCC «has issued a draft determination proposing to
grant authorisation to David Jones to continue inviting certain businesses operating within its stores to participate in various promotions.»
The ACCC has issued a draft determination «proposing to
grant authorisation to owner driver members of the Transport Workers» Union in Queensland to engage in collective bargaining with Toll for air freight courier transport services.»
The ACCC has issued a draft decision proposing to
grant authorisation to certain Queensland coal producers to collectively negotiate with Gladstone Ports Corp..
The ACCC has» issued a draft determination proposing to
grant authorisation to Racing and Wagering Western Australia in relation to current and future pooling arrangements with overseas wagering operators to allow for the transmission of bets by Western Australian punters into overseas pools.»
In general, the ACCC may
grant authorisation if it is satisfied that the proposed conduct is either unlikely to substantially lessen competition or likely to result in a net public benefit.
empowering the Commission to
grant authorisation on the basis that the conduct would not be likely to substantially lessen competition.
The ACCC «proposes to
grant authorisation for five years to the Australian Retail Credit Association Ltd (ARCA) in relation to principles for exchanging comprehensive consumer credit data between signatory credit reporting bodies and lenders».
The ACCC may also
grant authorisation if satisfied the merger would not substantially lessen competition or the merger would result in a net public benefit.
The ACCC has issued a final determination
granting authorisation to the South Australian Oyster Growers Association and five oyster hatcheries to continue collecting a levy from SA oyster growers.
«This clause provides a power to establish filtering arrangements to facilitate the lawful, efficient and effective obtaining of communications data by relevant public authorities and to assist a designated senior officer in each public authority to determine whether he believes the tests for
granting an authorisation to obtain data have been met.»
Not exact matches
A similar condition applies under an
authorisation granted to LNG producers in Queensland in 2016.
Authorisation is
granted for five years, rather than the 10 - year period sought by the LNG producers.
The
authorisation granted by the ACCC allows the Transport Workers Union to represent owner driver members engaged by Toll Transport to provide air freight courier transport services at Toll Priority's Brisbane Airport Depot in collective negotiations with Toll Transport.
«The
authorisation granted is narrow in nature, applying to a confined group of owner drivers providing services to Toll Transport at only one of its locations.
On 25 June 2014, the Tribunal
granted conditional
authorisation to the proposed acquisition.
The Australian Competition and Consumer Commission has decided that it will not apply for judicial review of the decision by the Australian Competition Tribunal to
grant conditional
authorisation to AGL Energy Limited's (AGL) proposed acquisition of Macquarie Generation.
Authorisation must not be
granted unless the Tribunal is satisfied that the acquisition is likely to result in such benefit to the public that it should be allowed.
Tabcorp Holdings and Tatts Group - proposed merger (ACT 1 of 2017) Tribunal determination (second):
authorisation granted
The ACCC has
granted interim
authorisation to allow WA chicken growers to collectively bargain with processors.
The ACCC proposes to
grant a ten year
authorisation for the WATAB Agents» Association Incorporated to collectively negotiate terms and conditions of service behalf of members with Racing and Wagering Western Australia and to participate in dispute resolution processes between RWWA and agents.
The ACCC has
granted interim
authorisation to the Victorian Association of Newsagents to collectively bargain with Tatts and Intralot.
The ACCC has
granted «
authorisation to the Australian Brick & Blocklaying Training Foundation (ABBTF), Think Brick Australia and the Concrete Masonry Association of Australia to continue to apply a small levy on the sale of clay brick and concrete masonry products.»
The ACCC has
granted two
authorisations issued a draft determination proposing a third.
The ACCC has
granted conditional
authorisation for Tooltechnic Systems (Aust) Pty Ltd to set minimum retail prices on Festool power tools until 31 December 2018.
The ACCC has announced it will not apply for judicial review of the Tribunal's decision to
grant conditional
authorisation for AGL's proposed acquisition of Macquarie generation.
The ACCC «has
granted interim
authorisation for Australian Seafood Industries (ASI) to collect a levy, in conjunction with hatcheries, on the purchase of Pacific oyster spat» which will enable ASI to undertake «research into developing spat with resistance to the Pacific Oyster Mortality Syndrome (POMS)».
The ACCC «has
granted interim
authorisation to enable a network of Catholic health facilities to continue to collectively bargain with health funds, the Repatriation Commission and a range of suppliers.»
The ACCC has issued a «draft determination proposing to
grant conditional
authorisation for local liquor accords operating in Queensland to adopt a pro-forma liquor accord developed by the Queensland Office of Liquor and Gaming (OLGR)» for five years.
In order to produce food products from clones or their offspring, a novel food application must be submitted and
authorisation granted at a European level before any such food is placed on the market.
Julie Clarke, The Australian Competition Tribunal
grants first direct merger
authorisation (Macquarie Generation, AGL Energy), 25 June 2014, e-Competitions Bulletin September 2014 - II, Art.
This will be the first merger
authorisation case since the power to
grant merger
authorisations was removed from the ACCC and handed to the Tribunal in 2007.
no objection by the ACCC or
granting of
authorisation by the Australian Competition Tribunal in relation to the proposed transaction;