Sentences with phrase «to lessen competition»

Section 50 prohibits mergers or acquisitions that would, or would be likely to substantially lessen competition in any market.

Section 50 prohibits mergers or acquisitions that would, or would be likely to substantially lessen competition in a market.

It also noted uncertainty around whether creeping acquisitions actually substantially lessen competition and cause economic harm in practice.

Until 24 July 2009 s 45A of the TPA deemed price fixing conduct to substantially lessen competition for purposes of s 45.

«They didn't conspire to lessen competition unduly,» says Osborne.

The ACCC will not oppose Glencore Incorporated plc's proposed acquisition of Viterra Inc, concluding that «proposed acquisition would be unlikely to substantially lessen competition as post merger Glencore would continue to face competition from a number of significant competitors in the market for grain trading in South Australia.»

The U.S. Federal Trade Commission said on Monday it filed an administrative complaint charging that J.M. Smucker's proposed purchase of Conagra's Wesson cooking oil brand would likely lessen competition and violate anti-trust law.

In 1991, the Cooney Committee recommended a substantially lessen competition test.

In many markets in Australia, achievement of efficient scale will not substantially lessen competition because of the constraining influence of imports.

Dairy co-operative Murray Goulburn is arguing that merging with Warrnambool Cheese & Butter will create a stronger company that is able to pay higher milk prices and grow the dairy industry as a whole without lessening competition.

This Bill repeals current subsection 50 (1) and replaces it with a requirement that a corporation must not directly or indirectly acquire shares in the capital of a body corporate or assets which would have the effect or be likely to have the effect of materially lessening competition in a market.

With lessened competition and a perpetuation of self - regulation within its brokerage activities, JP Morgan and its cohorts on Wall Street continue to rack up perfect or near perfect trading results in terms of daily profitability.

The FTC said in a statement it would not pursue investigation over concerns about the deal potentially lessening competition.

The ACCC noted that there was a complex question of whether the proposed acquisition would «lessen the competition Sky faces for the acquisition of media rights»:

The regulator argued that the Metcash acquisition of Franklins would substantially lessen competition while the judge said it would strengthen the capacity of independent retailers operating under the IGA banner to compete more vigorously with Coles and Woolworths.

In an issues paper released on Tuesday, the Australian Competition and Consumer Commission, assisting the tribunal, rejected Murray Goulburn's claim that its WCB takeover will not significantly lessen competition.

The Bill proposed to amend the CC Act so that an acquisition would be deemed to substantially lessen competition if it and other acquisitions over the previous six years would have that effect.

An alternative to applying a «purpose, effect or likely effect» test could be to limit the test to «purpose of substantial lessening competition».

At the time, team owners generally did not sign players from the «other» league, an arrangement that reportedly lessened competition for players and helped prevent salaries from escalating.

The Completion and Markets Authority (CMA) said it would consider whether the acquisition by Reed Elsevier, the trading name of RELX Plc, of privately owned legal publisher Jordan's assets would substantially lessen competition within the United Kingdom.

Apotex argued Lilly engaged in a conspiracy that unduly lessened competition by buying up all patent rights to the methods to make an antibiotic.

Although this claim was not considered on its merits because it was time barred, the court (in preliminary proceedings) accepted that patent assignments may «unduly» lessen competition where «the assignment increases the assignees» market power in excess of that inherent in the patent rights assigned» (Eli Lilly v Apotex 2009 FC 991 at para. 750, 881, aff'd 2010 FCA 240; see also Apotex v Eli Lilly 2005 FCA 361).

«The application was based on the commissioner's allegation that a certain rule adopted by the board is anti-competitive because it substantially lessens competition among Realtors in the Greater Toronto Area who are members of the board,» said the Federal Court of Appeal's Reasons for Judgment, written by Justice J. A. Sharlow.

They should consider selling him: 1) to get him playing in contention for World Cup places 2) to lessen the competition for striker positions in the squad with PEA & AL already 1st choices 3) to encourage harmony and motivation for those left behind with Welbeck gone 4) to finally open up an opportunity for one of our promising youngsters.

«The ACCC concluded that the proposed acquisition would be unlikely to substantially lessen competition as the merged entity would continue to face competition from a number of sources,» ACCC Chairman Rod Sims said.

In 1989 the Griffiths Committee recommended retaining the dominance test; shortly thereafter, in 1991, the Cooney Committee recommended a substantially lessen competition test.

The co-operative is arguing that merging with WCB will create a stronger company that is able to pay higher milk prices and grow the dairy industry as a whole without lessening competition.

The court held that operation of the multiple listing service from which a real estate broker was excluded was illegal per se, as it deprived the broker of access to listings of hundreds of properties, thereby lessening competition and restraining trade...

The Committee considers that provisions should be introduced into the Act to ensure that the ACCC has powers to prevent creeping acquisitions which substantially lessen competition in a market.

Of course, for DOJ to win at trial, it needs to quantify the anti-competitive effects and show that they «substantially lessen competition,» the standard of the Clayton Act.

The consumer watchdog has decided not to approve GPC Asia Pacific's proposed $ 43 million acquisition of Automotive Holdings Group's Covs Parts business on the grounds that it would substantially lessen competition.

The competition watchdog has raised concerns over South32's proposed $ US200 million acquisition of Peabody Energy Corporation's Metropolitan Colliery in NSW, on the grounds that it may lessen competition in the region.

In the United States, one of the interesting parts of it is that there is a law, and the agency — if they find that it somehow is harmful to competition and that the exact legal standard is «it substantially lessens competition» — then they will bring a lawsuit.

But if the government can prove its allegations, then it will have met the standard required in the Clayton Act: proof that the merger's effect «may be substantially to lessen competition.»

In blocking the transaction, the court ruled that the proposed merger is likely to substantially lessen competition in the sale of individual Medicare Advantage plans in 364 counties.

But analysts and other merger experts warn that the deal could be blocked by federal antitrust officials who worry that it could lessen competition.

Last week, the Justice Department sued to block a merger between ABI and Grupo Modelo (GPMCF), which makes Corona, saying the acquisition would «likely substantially lessen competition.»

The ACCC concluded that this proposed acquisition is likely to have the effect of substantially lessening competition in the market for the supply of MRI services in Newcastle and Maitland, and the market for the supply of general diagnostic imaging services in Maitland.

«The ACCC concluded that the proposed acquisition is not likely to have the effect of substantially lessening competition in any relevant market,» ACCC Chairman Rod Sims said.

The government believes that the merger would substantially lessen competition in the market for «broad - line food distribution services» provided to «national customers,» — that is, customers with numerous facilities dispersed nationally or across multiple regions of the country — that have elected to buy all or virtually all of their food and food - related products from a single foodservice company.

A prohibition on corporations with substantial market power engaging in conduct with the purpose or effect of substantially lessening competition would draw on established jurisprudence and competition policy.

Samuel and King claimed every other section of the act prohibits a specific form of conduct if it is likely to substantially lessen competition, but that overlooks section 45, which prohibits any contract, arrangement or understanding, and section 50, which prohibits any acquisition of shares or assets, where the agreement or acquisition substantially lessens competition in a market.

Indeed, it is instructive to note in both Rural Press and Cement Australia, while the courts struggled with the interpretation and application of section 46, the conduct was found to substantially lessen competition in breach of section 45.

Conduct that enhances competition, by definition, will not substantially lessen competition.