Australia
= external link
Competition authority
ACCC (Australian Competition and Consumer Commission
Courts and Tribunals
Australian Competition Tribunal
Has jurisdiction to hear merger authorisation applications and appeals from from formal merger clearance decisions of the ACCC
Federal Court of Australia
Primary jurisdiction in competition law matters.
Merger law
Competition and Consumer Act 2010, section 50
Prohibition of acquisitions that would result in a substantial lessening of competition
Competition and Consumer Act 2010, section 50A
Acquisitions that occur outside Australia
Competition and Consumer Act 2010, Part VII, Division 3 - Merger clearances and authorisations
Sections 95AA -
95AZN
Merger Guidelines
ACCC Merger Guidelines (November 2008)
Replaced the 1999 Merger Guidelines
ACCC Formal Merger Process Guidelines (June 2008)
ACCC Merger Review Process Guidelines (July 2006)
Draft Merger Review Process Guidelines 2013 were released on 1 July.
Key cases
Key reports and inquiries
Dawson Committee Report - Chapter on Mergers (2003)
Cooney Committey Report (1991)
Mergers, Monopolies & Acquisitions
Griffiths Committee Report (1989)
Mergers, Takeovers and Monopolies: Profiting from Competition?
Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs
Swanson Committee (1976)
Trade Practices Act Review Committee
Discussed in chapter 8 - Briefly, recommended it was 'desirable for the Act to deal with anti-competitive mergers', that there be 'special provision for mergers involving failing companies' (in the form of a defence and not an exception) and that there be 'a threshold test for mergers involving small companies'.
Merger publications
Web sites (merger specific)
Australian Competition Law
Including section on Merger Law in Australia