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Competition authority

externalACCC (Australian Competition and Consumer Commission

 

Courts and Tribunals

externalAustralian Competition Tribunal
Has jurisdiction to hear merger authorisation applications and appeals from from formal merger clearance decisions of the ACCC

externalFederal Court of Australia
Primary jurisdiction in competition law matters.

 

Merger law

externalCompetition and Consumer Act 2010, section 50
Prohibition of acquisitions that would result in a substantial lessening of competition

externalCompetition and Consumer Act 2010, section 50A
Acquisitions that occur outside Australia

externalCompetition and Consumer Act 2010, Part VII, Division 3 - Merger clearances and authorisations
Sections 95AA - 95AZN

 

Merger Guidelines

 

Key cases

 

Key reports and inquiries

externalDawson Committee Report - Chapter on Mergers (2003)

externalCooney Committey Report (1991)
Mergers, Monopolies & Acquisitions

externalGriffiths Committee Report (1989)
Mergers, Takeovers and Monopolies: Profiting from Competition?
Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs

externalSwanson 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)