Competition Law: Mergers Can a merger between hazardous waste companies be blocked as preventing real and
substantial competition in that marketplace.
The PlayBook faces
substantial competition in the growing tablet PC market.
Not exact matches
Such reviews are undertaken to determine if the deal would result
in a
substantial lessening or prevention of
competition.
Finally, right behind market fit and team problems,
in terms of fatal startup failings, comes the
substantial risks associated with strong
competition (existing or emerging), which drives about 20 % of the new companies out of business.
The court concluded that the proposed merger would have caused a
substantial lessening of
competition in three counties
in Florida.
In Australia, the lifting of interest rates and credit controls, and increased competition from foreign banks, contributed to a surge in credit growth, and a substantial increase in risk taking in the financial sector, and in the community generall
In Australia, the lifting of interest rates and credit controls, and increased
competition from foreign banks, contributed to a surge
in credit growth, and a substantial increase in risk taking in the financial sector, and in the community generall
in credit growth, and a
substantial increase
in risk taking in the financial sector, and in the community generall
in risk taking
in the financial sector, and in the community generall
in the financial sector, and
in the community generall
in the community generally.
Last week, Bank of America's (BOA) released their SEC annual report that also contained a mention of cryptocurrencies as a threat to their business, with the risk of
competition described
in very similar terms: «the widespread adoption of new technologies, including internet services, cryptocurrencies and payment systems, could require
substantial expenditures to modify or adapt our existing products and services.»
Jurisprudence
in Australia has confirmed consistently the
substantial lessening of
competition test is concerned with the process of
competition and not with the effect on individual competitors.
The ACCC is suggesting (as
in Europe) if a corporation with
substantial market power acts anti-competitively, that should be enough, provided it constitutes a «
substantial lessening of
competition».
The Tribunal did not consider the merger would result
in a
substantial lessening of
competition with respect to racing media (para 342) for the following reasons:
The Tribunal observed (para 35) that, although the ACCC reached «no definitive conclusion»
in its SoI about whether the acquisition would result
in a
substantial lessening of
competition,
in its final submissions before the Tribunal it «proffered the view that the proposed merger should not be allowed.»
[para 314]... of the view that no public detriment is likely to arise from any
substantial lessening of
competition in the market for wagering licences or the provision of pooling services to pari - mutuel wagering operators
The Cooney Committee recommendation resulted
in legislative change
in 1992, returning the test to one of «
substantial lessening of
competition» and introducing a non-exhaustive list of matters the Court must consider
in making this assessment (s 50 (3)-RRB-
that there is a real chance that, if the proposed acquisition does proceed, that would result
in a
substantial lessening of
competition compared to the scenario
in which one of those counterfactuals comes to pass.
The ACCC has announced it will oppose the proposed acquisition by Carsales.com of Trading Post assets, concluding that the proposed acquisition would be «likely to result
in a
substantial lessening of
competition through the removal of a close and effective competitor of Carsales».
A business with a
substantial degree of power
in a market is not allowed to engage
in conduct that has the purpose, effect or likely effect of substantially lessening
competition in a market.
The ACCC's informal merger register notes that the «ACCC considered that as Cabcharge, including its subsidiary taxi networks, did not operate any taxi network services
in metropolitan Adelaide, the proposed acquisition would result
in a direct transfer of market share of affiliated taxis within the Adelaide metropolitan area» and that therefore «the proposed acquisition would be unlikely to result
in a
substantial lessening of
competition in the markets for the supply of taxi services, taxi network services and booking and dispatch services to taxis
in the Adelaide metropolitan area.»
The monetary recovery itself is very
substantial and the resulting conduct changes will significantly and positively impact
competition in the southeastern dairy industry,» said lead attorney for the plaintiff farmers, Robert Abrams.
The ACCC has released a Statement of Issues outlining concerns with proposed acquisition of Macquarie Generation by AGL and have stated that its preliminary view is that the acquisition would result
in a
substantial lessening of
competition in one retail and at least one wholesale market.
Against this, the ACCC considers that the proposed acquisition would result, or be likely to result,
in substantial public detriment constituted by a lessening of
competition, due to raised barriers to entry and expansion for smaller electricity retailers
in NSW and a material risk of increased generator market power.
ACCC Chairman, Rod Sims, said that the «proposed acquisition would result
in Healthscope acquiring its closest and most significant competitor for the supply of private rehabilitation services
in northern Melbourne» and removal of the Brunswick Private Hospital as an independent competitor «would be likely to result
in a
substantial lessening of
competition».
«The ACCC considers that making this provision effective could be best achieved through the introduction of an effects test, including a
substantial lessening of
competition, and amendments to overcome limitations inherent
in the current interpretation of the «take advantage» test.»
The latest The State of Competitionis out now - the focus is SLC:»... rather than our usual «year
in review», this year we're finishing up with a reflective piece on just what the
substantial lessening of
competition test involves.
The ACCC concluded that the contracts were unlikely to result
in a
substantial lessening of
competition in the markets investigated.
This decision followed a Statement of Issues released
in March and was described by the ACCC Chairman as a «difficult decision» because «
competition will be reduced»; the ACCC concluded, however, that that reduction would not be
substantial.
ACCC Chairman, Rod Sims, said that the «ACCC was concerned that the joint marketing arrangements were likely to have resulted
in a
substantial lessening of
competition in the market for the supply of gas to buyers
in the southern states» and that the ACCC believed «that
competition in this market was negatively affected by the elimination of independent rivalry between BHP and Esso.»
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».
The impact of a strong Australian dollar and fierce
competition in overseas markets has been
substantial for the Australian industry since exports hit $ 3 billion
in calendar 2007.
The bill implements a
substantial number of the
competition law reforms recommended by the independent Harper Competition policy review and agreed to by the government in its response to
competition law reforms recommended by the independent Harper
Competition policy review and agreed to by the government in its response to
Competition policy review and agreed to by the government
in its response to the review.
Preventing firms with a
substantial degree of market power from engaging
in conduct that has the purpose or effect of substantially lessening
competition is now a central limb of Australia's
competition laws.
ACCC Chairman, Rod Sims, noted that while «the acquisitions will lead to a greater alignment of Foxtel's and Ten's interests, and will increase the degree of influence Foxtel has over Ten, the... proposed acquisitions, on their own, are unlikely to result
in a
substantial lessening of
competition».
This Act changed the reference
in s 50 (1) from «a market» to «any market» (purporting to remove any doubt that a merger will be prohibited if it substantially lessens
competition in a market other than the market
in which the merging parties compete; this had never been a problem
in the past) and removing the word «
substantial» from the definition of market
in subsection 50 (6)(this was theoretically directed at creeping acquisitions, but has little to do with concept of creeping acquisition discussed
in this report)
For example, firms with
substantial market power would be prohibited from acquiring small firms
in unrelated markets, or expanding organically through acquisition of assets, where this results
in a lessening of
competition, even if the acquisition would be efficiency enhancing and result
in a net benefit to consumers.
Option 3: Amending section 50 to add an additional prohibition, so that section 50 also prohibits a corporation from making an acquisition if it already has a
substantial degree of power
in a market, and the acquisition would result
in any lessening of
competition in that market.
He questioned the view that we need not be concerned with heavy concentration, instead preferring «standard economic wisdom» that «mergers resulting
in high levels of concentration
in markets with
substantial barriers to entry will usually reduce
competition and cause harm to consumers and our economy.»
Option 3 4.87 Option 3 (canvassed
in the Government's first discussion paper) would supplement the existing
substantial lessening of
competition test
in section 50 with a provision that would prohibit a firm with
substantial market power from making an acquisition that would result
in any lessening of
competition in that market.
It also requires that a corporation that already has a
substantial share of a market must not directly or indirectly merge with or acquire assets which would have the effect or likely effect of lessening
competition in a market.
The ACCC expressed the view that a merger between NAB and AXA «would result
in a
substantial lessening of
competition in the market for retail investment platforms for investors with complex investment needs».
Since 2011 an annual «Baxt Lecture» has been held
in recognition of the
substantial contribution made by Professor Baxt to the development of
competition law
in Australia.
In Australia mergers which would lead to a «
substantial lessening of
competition» are (supposed to be) prohibited by section 50 of the Trade Practices Act.
The top seeds have already been locked up with the Atlanta Hawks and Golden State Warriors holding
substantial leads over the
competition, but the battle for the 8 - seed
in each conference likely won't be decided until the final day of the season.
The Swedish international is currently on loan at Stoke City until the end of the season and faces an uncertain future at the Etihad Stadium
in the summer as there is some
substantial competition for places
in front of him.
If Manchester City were to take the title, it must surely be said that they bought it,
in the process utterly distorting the balance of the
competition; still more than Chelsea with Roman Abramovich's money, had done before them and to a
substantial attempt continued to do.
On August 6th it concluded Stagecoach's purchase of two previously competing bus companies
in Eastbourne would lead to a «
substantial lessening of
competition».
Finally, despite the important effects of the
substantial rise of UKIP on the shares of the vote for the two main parties, UKIP are not set to win many seats nor have a disproportionate effect on the
competition for seats between the two main parties
in their key marginals.
Some carp that the role is too brief to win here, especially given Amy Adams,
in a much more durationally
substantial role, is
competition.
The programs there are achieving
substantial economic integration
in private schools and
in charter schools that have been created by the states to face the new
competition.
There's a
substantial bezel surrounding its 1280x800 screen, so the Kindle is a bit wider than its
competition, but not so much to prevent it from fitting comfortably
in your hand.
From the CFPB's response, «Navient does not dispute the sufficiency of the allegations that Navient's steering practices caused
substantial injury
in the form of significant costs to borrowers, such as the addition of massive amounts of unpaid interest to the principal balance of borrowers» loans, and that such injury was not outweighed by countervailing benefits to consumers or
competition.»
They've been able to tap the equity markets for capital at a
substantial discount to their
competition and are
in turn likely charging a premium rate for the equity they issue back to customers
in business loans, personal lines of credit or mortgages.