In 2007 the power to hear
merger authorisations was removed from the ACCC and parties were required to directly to the Tribunal, with no opportunity for merits appeal.
On 6 November 2017 the process of
merger authorisations in Australia changed, following the introduction of the Harper Review reforms to the Competition and Consumer Act 2010.
The ACCC's interim
Merger Authorisation Guidelines, released in late 2017, provide that the ACCC will take into account «any benefits that would result from the proposed acquisition, regardless of the market in which that benefit occurs».
WCB was bought by Canada's Saputo while Mr Helou was appealing to the Australian Competition Tribunal for
merger authorisation.
The Victorian dairy farmer co-operative's application for
merger authorisation, made public on Tuesday night, claims a merger with WCB will «not generate any meaningful reduction in the market for the acquisition of raw milk.»
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.
Application by Murray Goulburn Co-Operative Co Limited for
merger authorisation — ACT 4 of 2013 Commenced 29 November 2013 (Dairy Industry).
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).
ACCC v Australian Competition Tribunal [2017] FCAFC 150 (22 Sept 2017) ACCC's application for judicial review regarding process for determining
merger authorisation
The ACCC's warning shot prompted Murray Goulburn to test 2007
merger authorisation legislation for the first time by going straight to the tribunal for merger approval on public benefits grounds.
Canadian dairy giant Saputo and NSW - based Bega Cheese have both cleared their external regulatory conditions and declared their WCB offers unconditional, while Murray Goulburn may have to wait six months for
merger authorisation.
The cooperative is seeking to have a «significant portion» of its application to not be released to the public on Australian Competition and Consumer Commission's website and on the tribunal
merger authorisation register, citing commercial in confidence issues.
The Full Federal Court (comprising Justice Besanko, Justice Perram and Justice Robertson) handed down its judgment on the appeals by ACCC and Crownbet against the decision of the Australian Competition Tribunal in relation to the Tatts / Tabcorp
merger authorisation.
The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts
merger authorisation decision.
The Tribunal has now published Tabcorp's
merger authorisation application on its website.
An appeal on the merits is not available for Tribunal
merger authorisation decisions, but the ACCC is seeking judicial review, alleging three reviewable errors, including that the Tribunal erred in its reasoning that «it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition».
ACCC v Australian Competition Tribunal [2017] FCAFC 150 ACCC's application for judicial review regarding process for determining
merger authorisation
It compares the informal clearance and
merger authorisation processes and looks specifically at the Australian dairy sector and the challenges of the authorisation process for Murray Goulburn.
It is the first time since legislation was passed in 2007 that a bidder has decided to seek approval for its bid using the public
merger authorisation process.
Murray Goulburn's $ 530 million offer is conditional on getting 50.1 per cent of WCB and on receiving
merger authorisation from the Australian Competition Tribunal.
The dairy farmer co-operative said it is confident it will obtain
merger authorisation from the Australian Competition Tribunal as it scrambles to derail the pace of shareholder acceptances for Saputo's unconditional offer.
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.
Schedule 11 to this Bill extends the Commission's power to obtain information, documents and evidence in section 155 to cover investigations of alleged contraventions of court enforceable undertakings and
merger authorisation determinations.
Warrnambool Cheese & Butter says it is seeking an active role in would - be acquirer Murray Goulburn's
merger authorisation before the Competition Tribunal and intends to appear in the first hearing next week.
Arlen Duke, «A more efficient use of efficiencies in
merger authorisation determinations» (2007) 35 Australian Business Law Review 278 - 292
Michael Corrigon and Simon Ellis at Clayton Utz provide some thoughts on the ACCC's new role in
merger authorisation and discuss media mergers by reference to the New Zealand High Court's decision in NZME Limited v Fairfax Media Limited [2017] NSHC 3186 (recently appealed) and Australia's new Media Merger Guidelines.
The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts
merger authorisation decision.
Not exact matches
«The interesting issue is will companies continue to take the informal path [for ACCC
authorisation of
mergers] or will that wind down as more companies go the formal route,» Mr Sims said.
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.
During the 10 year period three
mergers were authorised; the Tribunal did not refuse
authorisation in any case.
Tabcorp Holdings and Tatts Group - proposed
merger (ACT 1 of 2017) Tribunal determination (second):
authorisation granted
It used to be the case that the tribunal's sole role in
mergers was to review ACCC decisions, but the last major competition review back in 2003 (Dawson) successfully recommended that parties be able to go straight to the tribunal for
authorisation.
Murray Goulburn has announced it intends to seek
authorisation for its proposed
merger with Warrnambool Cheese & Butter.
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 Australian Competition Tribunal last week granted
authorisation for the proposed Tabcorp / Tatts
merger.