Informal merger clearances
Informal merger clearance decisions
There is no mandatory notification regime for mergers in Australia. However, parties frequently notify the ACCC on a voluntary basis of any proposal to merge and the ACCC will advise parties whether or not it proposes to to challenge the merger. In some cases this involves public consultation following the release of a 'Statement of Issues'.
In significant cases the ACCC will also issue a Public Competition Assessment, detailing its reasons for clearing, opposing or clearing a merger subject to conditions. Details of all mergers reviewed are contained in a public register. The following lists some of the more significant 'informal' merger assessments conducted by the ACCC - it is not intended to be exhaustive.
For a list of current and completed ACCC merger reviews see the merger register.
2019
2019 Opposed
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Timeline suspended on 22 January (ACCC citing delay receiving information) Industry:Telecommunications ACCC Media release: 'Concerns about proposed merger between TPG and Vodafone' (ACCC, 13 December 2018) |
2019 Not opposed (subject to undertakings)
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Industry: Waste Management Statement of Issues: 29 November 2018 Public Competition Assessment will be issued Media: Nick Toscano, 'Bingo gets go-ahead for $578m Dial-a-Dump buy' (SMH, 28 Feb 2019) |
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Industry: Building materials Public Competition Assessment will be issued |
2019 Not opposed
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Industry: Agriculture |
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Industry: Steel Distribution |
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Industry: Intellectual property services and products Statement of Iusses: 29 November 2018 |
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Industry: Retail |
2018
2018 Not opposed
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Industry: Hotel/accommodation |
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Industry: Waste Management |
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Industry: Steel grinding media |
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Industry: Media |
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Industry: Out-of-home advertising Media: See 'ACCC launches review of oOh!media's bid for Adshel' (AFR, 29 June 2019) |
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Industry: Logistics No action announcement: On 8 March 2018 the ACCC announced it will not take further action in relation to this completed acquisition Media: See John Durie, 'ACCC queries Qube's MCS acquisition' (The Australian, 16 January 2018) |
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Industry: Media Media: See John Durie, 'ACCC steps into stoush over broadcast joint venture as Seven seeks transfer of Ten’s stake in TXA' (The Australian, 12 March 2018) and Max Mason, 'Network Ten fighting to stop sale of TX Australia stake for $1' (AFR, 12 March 2018) |
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Industry: Residential pool equipment |
2018 Not opposed (subject to undertakings)
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Public Competition Assessment (issued 11 October) Industry: Toll Roads Media: See Jenny Wiggins, 'ACCC to review Transurban's bid for Sydney's WestConnex motorway' (AFR, 27 February 2018), Jenny Wiggins, 'WestConnex sale on track for August despite ACCC delaying Transurban findings' (AFR, 20 April 2018), Jenny Wiggins, ''It's pretty clear that there is little competition': Cintra attacks Transurban' (AFR, 18 May 2018). |
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Public Competition Assessment (issued 11 February 2019) Industry: Encryption and security technologies |
Withdrawn
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Industry: Financial and business management systems Media: John Durie, 'ACCC to probe MYOB's Reckon acquisition' (The Australian, 15 January 2018) and Brendon Foye, 'ACCC to investigate MYOB's $180 million acquisition of Reckon' (CRN, 15 January 2018); Samantha Bailey, 'MYOB abandons proposed Reckon deal after ACCC concerns' (The Australian, 31 May 2018) |
2017
2017 Opposed
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Media: Sue Mitchell, 'Woolworths, BP brace for ACCC decision on $1.8 billion fuel deal' (AFR, 10 July 2017); Sue Mitchell, 'BP, Woolworths fuel deal under spotlight' (AFR, 19 September 2017) |
2017 Not opposed
Not opposed
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ACCC summary: Proposed joint bid for acquisition of interests in Ten Network Holdings by Birketu Pty Ltd and Illyria Nominees Television Pty Ltd (as trustee of Illyria Investment Trust No. 4). |
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2017 Withdrawn/discontinued/suspended
APN Outdoor Group Limited - proposed merger with oOh!media Limited
Pending: SoI issued on 4 May 2017. Proposed merger terminated; review discontinued 19 May 2017
Commenced: 16 December 2016
Industry: Advertising
Pending: SoI issued on 31 March 2017. Review suspended following announcement of cessation of negotiations
Commenced: 10 January 2017
ACCC summary: 'Australian Grain Technologies Pty Ltd (AGT) intends to purchase all of the shares in InterGrain, from the Western Australian Government (through the Western Australian Agricultural Authority) and Grains Research and Development Corporation.'
Industry: Agriculture
Withdrawn: 27 September 2017
Significant dates: Market inquiries letter sent 1 June; submissions due 22 June; further information requested from parties (10 July) and original provisional announcement date (27 July 2017) pushed back. SOI issued 10 August 2017. Parties requested more time to provide further information. Revised proposed decision date to be announced in due course. Submissions on SOI due 25 August 2017.
ACCC summary: Camp Australia Pty Ltd proposes to merge with Junior Adventures Group Pty Ltd.
Commenced: 1 June 2017
Industry: Child care services
Discontinued: 18 April 2017 after South32 announced it would not proceed with proposed acquisition (followed SoI which was issued on 8 February 2017)
Commenced: 2 December 2016
Industry: Coal mining
Withdrawn: Following release of SoI request for informal review withdrawn and application made to Tribunal for authorisation
ACCC consideration: SoI released 9 March 2017 (submissions due 24 March; proposed decision 4 May)
Commenced: 25 November 2016
ACCC summary: Tabcorp Holdings Limited (Tabcorp) and Tatts Group Limited (Tatts) propose to merge. Tabcorp and Tatts both operate off-course totalisators and retail wagering networks (in different states and territories) and online wagering businesses. Tabcorp and Tatts both supply gaming and promotional management systems and services to gaming venues and gaming monitoring services to state governments.
Industry: Gaming and wagering
2016
See also See Richard L'Estrange, '2016: The Year in Mergers' (In Competition,King & Wood Mallesons, 28 March 2017)
Completed acquisitions
Not opposed subject to undertakings
Investigation discontinued following acceptance of court enforceable divestiture undertakings: 16 June 2016
Completed acquisition: the acquisition took place on 2 February 2015; the parties did not notify the ACCC. The ACCC became aware of the acquisition and commenced investigation on 13 February.
ACCC summary: 'Primary Health Care acquired certain pathology assets previously operated by Healthscope in Queensland.'
Industry: Pathology
Discontinued
Pending: SoI released 13 October 2016; Discontinued 2 December 2015
Commenced: 17 August 2016
ACCC summary: The NSW Government has commenced a competitive process for the sale of Superannuation Corporation Administration (trading as Pillar) and has invited expressions of interest. Link Administration Holdings Limited is one party who expressed an interest and is considering whether to submit a bid for Pillar.
Industry: Superannuation administration
Not opposed
Not opposed
Commenced 18 January 2016; completed 5 May 2016
Market inquiries: market inquiries letter sent 22 January; submissions due by 15 Feb 2016
Industry: Beer
News: John Durie, 'ACCC to formally investigate Anheuser Busch InBev, SABMiller merger' (The AUstralian, Business Review, 25 January 2016), Eli Greenblat, 'Inquiries brewing over beer merger (The Australian, Business REview, 26 January 2016) and Simon Evans, 'Froth around Corona to top ACCC's beer mega-merger review' (SMH, 25 January 2016).
Not opposed (10 March 2016)
(ACCC decision originally expected 26 November 2015; extended at request of parties)
Commenced 22 June 2015; Market inquiries letter sent 25 June; Submissions due 20 July 2015
Statement of Issues released 11 September 2015 (see media release). Submissions due 1 October.
Competitoin analysis: "With the revisions to the proposed acquisition, Supabarn would retain a material presence in Canberra after the acquisition completes. Therefore, the ACCC concluded that the final proposed acquisition would be unlikely to have the effect of substantially lessening competition for supermarket retailing in the Canberra region. " (more detailed analysis on ACCC register) - the original proposal to acquire 9 Supabarn supermarkets was revised to remove problematic stores. The revised proposal, which has not been opposed by the ACCC, involves the proposed acquisition of five stores.
Industry: Supermarkets
Approved (21 July 2016) (media release)
Commenced 30 March 2016; Statement of Issues released 26 May 2016
(submissions due 10 June)
Market inquiries: market inquiries letter sent 30 March; submissions due by 18 April 2016
Industry: Infrastructure
News: Jenny Wiggins, 'ACCC raises fresh questions over $9 billion Asciano deal' (SMH, 4 April 2016); John Durie, 'Can Metcash nail the HTH deal?' (The Australian, 12 July 2016), James Thomson, 'ACCC approves Asciano takeover' (AFR, 21 July 2016) and David Palmer, 'ACCC green lights Qube and Brookfield's takeover of Asciano' (The Australian, 21 July 2016).
Not opposed 11 August 2016
Commenced 1 June 2016
ACCC summary: 'The Victorian Government intends to privatise the Port of Melbourne by way of a 50 year lease (the Lease). A consortium comprising IFM Investors Pty Ltd (IFM), APG Asset Management N.V. (APG) and Macquarie Infrastructure and Real Assets (MIRA) (together, IFM Consortium) proposes to acquire the Lease. IFM has minority interests in Port Botany, Port Kembla and Port of Brisbane. APG and MIRA have a range of indirect interests of less than 5 per cent in port-related businesses.'
Industry: Ports
Media: Daniel Palmer, 'ACCC delays Port of Melbourne decision' (The Australian, 21 July 2016)
Not opposed 11 August 2016
Commenced 24 June 2016
ACCC summary: 'The Victorian Government intends to privatise the Port of Melbourne by way of a 50 year lease (the Lease). A consortium comprising QIC Private Capital Pty Ltd, GIM Advisory Services, LLC and Borealis Infrastructure Management Inc. proposes to acquire the Lease.'
Industry: Ports
Not opposed: 6 October 2016
Commenced: 17 August 2016
Industry: Grain
Not opposed: 11 August 2016
Commenced 4 August 2016; market inquiries letter sent
ACCC summary: 'JB Hi-Fi is proposing to acquire the Good Guys Discount Warehouses (Australia) Pty Ltd and The Muir Finance Company Pty Ltd, trading as the Good Guys (the Good Guys). JB Hi-Fi and the Good Guys are both national retailers of consumer electronics and home appliances. JB Hi-Fi and the Good Guys each operate a network of bricks and mortar stores, as well as online stores.'
Industry: Domestic appliance & electrical goods retailing
Pending: SoI released 6 October 2016; not opposed on 8 December 2016
Commenced: 1 August 2016
ACCC summary: News Corporation proposes to acquire the Australian Regional Media business from Australian Provincial Newspapers Ltd, a subsidiary of APN News & Media Limited.
Industry: Media
Media: Darren Davidson, 'Diversity key to APN-News deal, says ACCC boss Rod Sims' (The Australian, 7 October 2016)
Not opposed: 18 February 2016
Commenced: 14 December 2015
Industry: Plastics
Not opposed: 15 September 2016
Commenced 27 May 2016; Statement of Issues released 4 August 2016
ACCC summary: 'Seven West Media Limited (SWM) proposes to acquire The Sunday Times and perthnow.com.au from News Limited (News). SWM owns The West Australian, The Weekend West and thewest.com.au and a range of other media assets. News is the publisher of various print media and online sites throughout Australia including The Australian and news.com.au. The parties also propose to enter into content sharing arrangements. For further information please see the Statement of Issues.'
Industry: Newspaper and web media
News: 'Sunday Times sale to The West Australian owner Seven West Media receives ACCC approval' (ABC News, 15 September 2016), Lucy Battersby, 'ACCC lets Seven West buy News Corp's Perth paper as readers, advertisers go online' (SMH, 15 September 2016), John Durie and Daniel Palmer, 'ACCC clears Seven West’s acquisition of West Australian media outlets' (The Australian, 15 September 2016), Jake Mitchell, 'Seven West ‘worthy custodians’ of Perth’s The Sunday Times' (The Australian, 16 September 2016).
Not opposed (22 September 2016)
Commenced 25 July 2016; market inquiries letter sent
ACCC summary: 'Vocus Communications Limited (Vocus) proposes to acquire Nextgen Group Pty Ltd and two development projects; the Australian Singapore Cable and the North West Cable System (together Nextgen). Nextgen's data centre business, Metronode, is not part of the transaction.'
Industry: Telecommunications
Media: Sarah Thompson, Anthony Macdonald and Joyce Moullakis, 'ACCC sets timetable for Vocus Communications/Nextgen deal' (AFR, 25 July 2016)
Not opposed subject to undertakings
Not opposed subject to undertakings (21 July 2016)
Commenced 6 May 2016; Market inquiries letter sent 6 May; Draft undertaking supplied by Metchash in July; ACCC calls for comments on draft undertaking with submissions due by 12 July)
ACCC summary: 'Metcash is proposing to acquire the Home Timber and Hardware Group (HTH). Both parties have wholesale and retail operations in the hardware and home improvement industry. HTH is currently owned by Woolworths, which is conducting a sale process in respect of the HTH and the Masters hardware businesses.'
Industry: Hardware and home improvement
Q&A: ACCC's Q&A page on Metcash/HTH
News: Sue Mitchell, 'ACCC seeking feedback on Metcash undertakings' (5 July 2016), Sarah Thompson, Anthony Macdonald and Joyce Moulakis, 'Metcash secures ACCC approval for Home Timber and Hardware Group' (AFR, 21 July 2016) and David Palmer, 'ACCC clears path for Metcash's hardware extension' (The Australian, 21 July 2016).
Withdrawn
Pending: SoI issued 6 October 2016; Withdrawn October 2016
Commenced: 4 August 2016
Industry: Rail
Related: Pacific National merger register page
Media: John Durie, 'The ACCC stays on track with release of statements of issues' (The Australian, 6 October 2016)
Withdrawn (20 July 2016)
Commenced 29 February 2016; Statement of Issues released 21 April 2016
ACCC summary: 'DYWIDAG-Systems International Group (DSI) proposes to acquire the Jennmar Australia ground support business from Frank Calandra, Inc.'
Industry: Steel manufacturing
Pending: SoI issued 6 October 2016; final decision expected 15 December 2016
Commenced: 15 August 2016
Industry: Rail
Related: Aurizon merger register page
Media: John Durie, 'The ACCC stays on track with release of statements of issues' (The Australian, 6 October 2016).
Discontinued on 17 August after Borg Group advised proposed acquisition would not be proceeding.
Commenced: 26 April
Statement of Issues: 7 July
ACCC summary: 'Borg proposes to acquire the medium density fibreboard manufacturing plant and certain other assets located in Wangaratta, Victoria, from Alpine MDF Industries Pty Ltd (Alpine). Alpine is owned by Sumitomo Forestry Company Ltd of Tokyo, Japan.'
Industry: Medium density fibreboard
2015
Completed acquisitions
Pending: no anticipated announcement date
Commenced 9 November 2015
Sonic completed the acquisition on 9 December 2015; no anticipated decision date for ACCC review
ACCC summary: The ACCC is urgently investigating the proposed acquisition by Sonic Healthcare Limited (Sonic), operating as Clinpath Pty Limited, of Adelaide Pathology Partners (APP). Sonic and APP both supply pathology services in South Australia.
Industry: Pathology services
Opposed
Opposed: 17 December 2015
Commenced: 26 August 2015
Statement of Issues released: 21 October 2015 (submissions due by 5 November)
ACCC summary: 'GPC is proposing to acquire the Covs Parts business from Automotive Holdings Group Limited'
Industry: Automotive Parts
Opposed (PCA assessment in due course)
Commenced: 9 December 2014; SoI published 19 February; submissions due 13 March 2015; opposed on 9 July 2015 (media release)
ACCC summary: 'Sea Swift proposes to acquire certain assets of Toll Marine Logistics' sea-borne freight business in the Northern Territory and Far North Queensland. As part of the proposed transaction, Toll Marine Logistics proposes to acquire a 20% shareholding in Sea Swift.'
Industry: Coastal and community shipping
Authorisation: parties applied for authorisation (subsequently granted)
Not opposed subject to undertakings
Not opposed subject to undertakings (23 April 2015)
Commenced 23 December 2014; draft undertakings proferred 8 April; completed 23 April.
Public Competition Assessment released 14 October 2015
Industy: Port terminal
See ACCC Press Release
Not opposed subject to undertakings (21 May 2015)
Public competition assessment released 22 December 2015
Commenced 4 February 2015; submissions close 25 February; original provisional date for assessment (2 April) delayed on 1 April to allow parties to provide more information'. On 15 April Novion and Federation announce discussions with ACCC re: possible divestment options. On 21 May ACCC announce merger not opposed subject to undertakings. PCA to be issued in due course.
ACCC summary: 'Federation Limited and Federation Centres Limited as Responsible Entity of Federation Centres Trust No. 1 and Novion Limited and Novion RE Limited propose to merge via schemes of arrangement. Both entities own and manage a large number of shopping centres throughout Australia.'
Industry: Real estate
Undertaking: Federation Centres' Undertaking
Undertaking: Novion Property Group's Undertaking
Media: Greg Brown, 'ACCC extends review of Novion-Federation deal' (The Australian, 7 April 2015)
See ACCC Press release
Not opposed subject to undertakings (29 January 2015)
Commenced 8 October 2014; completed 29 January 2015. No SOI issued
ACCC summary: 'GlaxoSmithKline proposes to acquire Novartis AG's human vaccines business. In Australia, the human vaccines currently supplied by Novartis AG are Bexsero, Menevo and Rabipur.'
Industry: Vaccines
Not opposed subject to undertakings (18 December 2015)
Commenced: 12 November 2015 (draft s 87B undertakings offered by parties)
Industry: Child restraint systems
Not opposed subject to undertakings
Commenced: 25 August 2015; completed 31 March 2016
Statement of issues released: 5 November 2015 (submissions due by 19 November)
Public Competition Asssessment: released 19 Paril 2016
ACCC summary: Iron Mountain Incorporated proposes to acquire Recall Holdings Limited. Both parties provide services relating to the storage, protection, retrieval and disposal of paper and digital records.
Industry: Records and data management services
Not opposed (ACCC media release 13 August 2015)
Commenced: 24 April 2015
ACCC summary: 'Staples, Inc. proposes to acquire Office Depot, Inc. Staples Inc.'s operating subsidiary in Australia is Staples Australia Pty Limited. Office Depot Inc.'s operating subsidiary in Australia is OfficeMax Australia Limited.'
Industry: Office supplies
Not opposed subject to undertakings (2 April 2015)
Public competition assessment released 14 October 2015
Commenced 23 December 2014; completed 2 April 2015 (initial proposed decision date delayed at request of parties)
ACCC summary: Victoria Quay International RoRo Terminal Pty Ltd (VQIRT) proposes to acquire the long term lease to develop the Fremantle Automotive and RoRo Terminal at the Port of Fremantle (the proposed acquisition), and operate the terminal on an open access basis for an expected 20-year term.
Industry: Port Terminal
Not opposed
Not opposed (2 March 2015)
Commenced 15 December 2014; market inquiries letter sent 17 December; submissions closed 26 Jan; proposed decision date of 26 Feb 2015 delayed to allow parties to provide further information to ACCC
ACCC summary: 'Seven and Foxtel propose to enter into a joint venture to collectively produce and supply a standalone subscription video on demand service, marketed as "Presto Entertainment".'
Industry: Media
Not opposed (26 November 2015)
Commenced: 6 August 2015
ACCC summary: 'FedEx Corporation (FedEx), through its wholly-owned subsidiary FedEx Acquisition B.V., proposes to acquire all of the issued and oustanding ordinary shares in TNT Express N.V (TNT). Within Australia, both FedEx and TNT provide interational delivery and freight services'. See media release.
Industry: Logistics
Not opposed: 22 October 2015
Commenced: 25 June 2015
Statement of Issues released: 14 September 2015
Public Competition Assessment released: 2 March 2016
ACCC summary: 'Foxtel proposes to acquire up to 15% of Ten while Ten proposes to acquire a 24.99% stake in Multi Channel Network (MCN, a supplier of advertising opportunities on subscription television channels) and will have an option to acquire 10% of Presto TV.'
Industry: Media
Media: eg, Darren Davidson, 'ACCC to rule on Foxtel's Ten stake purchase' (The Australian, 7 September 2015) and Darren Davidson, 'ACCC delays Foxtel-Ten decision to next week' (The Australian, 9 September 2015).
Not opposed (6 February 2015)
Commenced: 25 November 2014; completed 6 February 2015. No SOI issued
ACCC summary: 'JBS USA Holdings Inc proposed to acquire Australian Consolidated Food Investments Pty Ltd, which trades as Primo Smallgoods. JBS is primarily a cattle and beef processor. Primo produces smallgoods under brand names including Primo and Hans.'
Industry: Meat and meat processing
Not opposed (17 September 2015)
Commenced: 21 July 2015
ACCC summary: 'Macquarie Bank is proposing to acquire the Esanda Dealer Finance business which is currently owned and operated by ANZ.'
Industry: Finance facilities
Not opposed (27 February 2015)
Commenced 13 January 2015; market inquiries letter sent 16 January 2015; submissions closed 3 Feb
ACCC summary: 'Macquarie Radio Network Limited (MRN) proposes to acquire the radio assets of Fairfax Media Limited (FML). FML proposes to acquire a 54.5% interest in MRN.'
Industry: Media
Not opposed (28 August 2015; decision announced at the same time of decision in relation to NBN Co's authorisation application)
Commenced 12 February 2015
ACCC summary: 'The ACCC is considering the NBN Co Limited (NBN Co) proposal to acquire certain assets of SingTel Optus Pty Ltd and its related entities (Optus) that form part of Optus's hybrid fibre coaxial network. The proposed acquisition forms part of a broader transaction which includes contractual arrangements for which NBN Co is seeking authorisation. The ACCC will consider the acquisition in conjunction with the authorisation application. ...'
Industry: Telecommunications
Not opposed (20 February 2015)
Commenced 1 October 2014; decision delayed at request of parties to provide further information; final decision 6 February 2015. No SOI issued.
ACCC summary: 'Novartis AG proposes to purchase certain oncology products from GlaxoSmithKline Plc (GSK). ...'
Industry: Pharmaceuticals
Not opposed (13 August - see ACCC media release)
Commenced 26 May 2015; market inquiries letter sent 29 May
Industry: Pharmaceuticals
Not opposed: 19 November 2015
Commenced 11 June 2015
Statement of issues released 17 September 2015
On 3 August 2015 proposed decision date delayed to allow ACCC additional time to consider acquisition
ACCC summary: 'Royal Dutch Shell plc (Shell) proposes to acquire BG Group plc (BG). Both Shell and BG are global producers of oil and gas, including gas production in Australia. Shell has a 50% interest in the Arrow Energy Pty Ltd joint venture (PetroChina has the other 50%). BG wholly owns QGC Pty Limited.'
Industry: Oil and gas
Not opposed (20 August 2015 - see ACCC media release)
Commenced monitoring on: 13 March 2015; commenced informal review 2 April 2015
Statement of Issues released: 11 June 2015 (submissions due 2 July 2015)
Public Competition Assessment released 22 December 2015
Industry: Telecommunications
Not opposed (26 November 2015)
Commenced 16 October 2015; submissions due 30 October 2015
ACCC summary: 'A Transurban consortium, comprised of Transurban, AustralianSuper Pty Ltd and Tawreed Investments, is proposing to acquire BrisConnections including the AirportLinkM7 toll road in Brisbane, which is currently in receivership.'
Industry: Toll Roads
Not opposed (30 April 2015)
Commenced 1 April 2015; final decision 30 April 2015. No SOI issued.
ACCC summary: 'VIP Steel Packaging Pty Ltd (VIP Steel) proposed to acquire certain large steel drum assets from National Can Industries (NCI) (the proposed acquisition).'
Industry: Steel drums
Commentary: See, eg, Michael Corrigan and Ian Reynolds, 'When will the ACCC clear a 'failing firm' transaction?' (Clayton Utz, 6 May 2015)
Not opposed (5 March 2015)
Commenced 24 December 2014; market inquiries letter sent 12 January; submissions closed 2 Feb; ACCC requested further information on 5 Feb 2015; merger parties provided further information 10 February 2015.
ACCC summary: 'Woodside proposes to acquire interests held by Apache Corporation and its subsidiaries in certain petroleum and natural gas assets, including the Wheatstone, Balnaves and Kitimat Projects.'
Industry: Energy
Withdrawn or discontinued
Withdrawn: review terminated after another party entered into agreement to purchase Iona
Commenced 14 August 2015
Statement of Issues released on 2 October 2015 (submissions due 16 October)
ACCC summary: 'EnergyAustralia is currently conducting a sale process for its Iona Gas Plant. The successful bidder in the sale process will inherit a contract with EnergyAustralia to secure EnergyAustralia's continuing use of the Iona facility. As a result of the proposed acquisition, APA would operate Iona.'
Industry: Gas Storage
Discontinued (30 March 2016; this followed new agreement - new review commenced 30 March 2016)
Commenced: 14 November 2015
Submissions: closed 18 December 2015
ACCC summary: 'Qube Holdings Limited (Qube), Global Infrastructure Management, LLC (GIP) and Canada Pension Plan Investment Board (CPPIB) have formed a consortium through which: Qube proposes to acquire from Asciano Limited (Asciano) the Patrick Container Terminals business and the Asciano 50% interest in Australian Amalgamated Terminals Ltd; and GIP and CPPIB propose to acquire the shares in the capital of Asciano. '
Industry: Infrastructure
Discontinued (30 March 2016; this followed new agreement - new review commenced 30 March 2016)
Commenced 6 August 2015
Statement of Issues released on 15 October 2015 (submission due 4 November) (ACCC press release)
ACCC summary: 'A consortium assembled by Brookfield Asset Management Inc that includes Brookfield Infrastructure Partners L.P. proposes to acquire 100% of the shares in Asciano Limited.'
Industry: Infrastructure
Undertakings/remedies: On 26 November the ACCC announced it had not accepted Brookfield's proffered behavioral undertakings relating to its proposed acquisition of Asciano: see ACCC media release.
Inquiries on undertakings: ACCC commenced market inquiries on proposed s 87B undertakings (closing date for submissions was 22 January 2016)
Media: eg, Jenny Wiggins, 'ACCC to take 'close look' at Brookfield's $8.9b Asciano takeover' (AFR, 3 September 2015) and Jenny Wiggins, 'Vertical integration 'the main issue' in Brookfield bid for Asciano, says ACCC chair' (SMH, 6 October 2015).
Discontinued: The ACCC discontinued its review after Halliburton withdrew its application - it advised the proposed acquisition would not be proceeding
Commenced: 21 April 2015
Statement of issues released: 23 October 2015 (submissions due by 12 November 2015)
ACCC summary: 'Halliburton Company (Halliburton) proposes to acquire Baker Hughes Incorporated (Baker Hughes). Both Halliburton and Baker Hughes are headquartered in the USA and provide oilfield services, technology and systems to the oil and natural gas industries in many countries, including Australia. Halliburton also operates in Australia through Mintech Chemical Industries Pty Limited which it acquired in 2014 and Baker Hughes also owns the Gaffney Cline & Associates consultancy business.
Industry: Oilfield services, technology and systems
Request withdrawn: Ramsay withdrew its request for clearance on 6 August 2015)
Commenced 16 March 2015; Statement of Issues released 11 June 2015 (submissions on SOI due 2 July)
ACCC summary: 'Health Care Corporation Pty Ltd (Ramsay) proposes to acquire the Wollongong Day Surgery (WDS) medical services business and its assets.'
Industry: Medical Centre
2014
Opposed
Opposed (4 March 2014)
Commenced 2 December 2013; SOI issued 6 February 2014; opposed 4 March 2014
NOTE: Authorisation application lodged by AGL on 24 March 2014; successful on 25 June 2014
Opposed
Commenced 22 January 2014. Completed 12 June 2014. SOI issued 27 March. PCA to follow.
Opposed (PCA expected)
Commenced: 15 October 2013; Statement of Issues: 5 December 2013; Opposed: 17 January 2014
Not opposed subject to undertakings
Not opposed - subject to undertaking (PCA to follow)
Commenced 15 October 2013. Completed 6 March 2014.View undertaking.
Not opposed subject to undertaking
Commenced 27 February 2014. Completed 22 May 2014. No SOI and no PCA anticipated
Not opposed subject to undertakings (18 December 2014)
Public competition assessment published 22 December 2015
Commenced 10 April 2014; Statement of Issues 5 June 2014; Submissions due 26 June
Not opposed subject to s 87B undertakings
Media: John Durie, 'Kleenheat sale hits competition hurdle' (The Australian, 5 June 2014)
Not opposed subject to undertakings (PCA released 15 December)
Commenced: 15 May 2013; Completed; 8 May 2014; Undertaking provided 8 May 2014
Note: proposed acquisition of Caltex Fullarton in Adelaide opposed
Not opposed
Not opposed (21 August 2014)
Commenced 9 April 2014; Statement of Issues released 3 July (Corrigendum added 25 July)
The ACCC has announced it will not oppose the proposed acquisition
Not opposed
Commenced 21 November 2013; completed 20 February 2014
Not opposed
Commenced 15 October 2013; SOI issued 5 December 2013. Completed 30 January 2014
Not opposed
Commenced 14 April 2014 (Market Inquiries letter sent) - SOI issued 10 July 2014 - further information requested on 25 July, received 25 August - not opposed on 18 September 2014 (press release)
Not opposed (18 December 2014)
Commenced 9 April 2014 (Market Inquiries letter sent)
Statement of Issues released 16 October 2014
Public Competition Assessment released 6 August 2015
Not opposed
Commenced 16 July 2014; Market Inquiries letter 21 July 2014; Statement of Issues 4 September 2014.
Not opposed on 2 October 2014 (press release). PCA released 13 January 2015.
Not opposed
Commenced: 11 July 2014; submissions due 4 August. Completed 4 September 2014.
Not opposed (PCA issued)
Commenced 29 October 2013; SOI issued 19 December 2013; decision 20 February 2014; PCA 16 April 2014
Not opposed
Commenced: 12 February 2014; competed: 4 April 2014
Not opposed
Commenced 16 October 2013; SOI issued 5 December 2013; Not opposed on 29 January 2014
Withdrawn/no decision
No decision (on 26 November the 'ACCC concluded its review of the proposed acquisition in light of another party entering into a binding agreement to buy the assets')
Commenced 25 August 2014; Statement of Issues 17 October 2014; Submissions due 31 October 2014
Media: 'Rheem Australia Frustrated by ACCC Stance' (23 October 2014)
Withdrawn
Commenced 10 October 2013; SOI issued 19 December 2013; informal merger review request withdrawn on 10 Febfuary 2014
2013
Opposed
Opposed on 6 June 2013 (SOI issued 7 Feb 2013; PCA issued 26 July 2013. See press release)Woolworths Ltd - proposed acquisition of supermarket site at Glenmore Ridge Village Centre
Opposed on 6 June 2013 (SOI issued) (PCA issued 25 October 2013)
Not opposed subject to undertakings
Not opposed subject to divestiture remedy
Commenced 4 March 2013. Not opposed on 4 September 2013. (PCA issued 28 November)
Not opposed subject to undertakings(SOI issued 31 Jan 2013; PCA not yet available)
Commenced 25 October 2012. Completed 19 December 2013
Not opposed subject to undertakings
Commenced 16 May 2013; Completed 19 September (SOI issued 1 August; PCI issued 3 December 2013)
Not opposed subject to undertakings
Commenced 20 September 2013; Completed 19 December 2013; PCI issued 25 February 2014
Not opposed subject to divestiture remedy
Commenced 22 July 2013; not opposed on 5 September 2013 (PCA issued 28 November)
Not opposed
Not opposed
Commenced 6 June 2013; completed 5 September 2013
Not opposed
Commenced 26 July 2013. Market inquiries letter sent 31 July. Decision announced 27 August 2013.Virgin Australia Holdings Limited and Tiger Airways - proposed joint venture to operate Tiger Airways Australia
Not opposed (SOI issued 7 Feb 2013; PCI issued 31 July 2013)Woolworths Ltd - proposed acquisition of Supermarket in Hawker ACT
Not opposed (4 July 2013) (PCA issued 17 October 2013)
Not opposed
Commenced 14 May 2013; Decision not to oppose on 29 August
2012
APA Group - proposed acquisition of Hastings Diversified Utilities Fund
Not opposed, subject to undertakings (PCA issued 14 Feb 2013)
Merger opposed (PCA issued 13 June 2013)
Not opposed (PCA issued 3 May 2013)Seven Group Holdings Limited proposed acquisition of remaining shares in Consolidated Media Holdings Limited
Merger opposed (PCA issued issued 15 Feb 2013)
Merger opposed (Queensland); Not opposed (WA)
Commenced 16 May 2012; SOI issued 2 August 2012; Decision announced 11 Oct 2012; PCA issued 28 August 2013
Not opposed. Noted work with other regulators (NZ, EC, US) .
Commenced 7 March 2012; concluded 17 Sept 2012
Opposed
Commenced 13 February 2012; concluded 4 October 2012. PCI issued 5 December 2013.
2011
Not opposed (PCA issued 27 May 2011)
Commenced 1 March 2011; completed 21 April 2011
2010
Metcash Trading Limited - proposed acquisition of Interfrank Group Holdings Pty Ltd (Franklins)
Merger opposed (litigation ensued; Federal Court found no likely SLC) (SOI issued)