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Merger authorisations

Application by Sea Swift Pty Ltd for merger authorisation of the proposed acquisition of certain assets of Toll Marine Logistics Australia’s marine freight operations

Australian Competition Tribunal
Authorisation Application
Authorisation granted

Summary

Sea Swift proposed acquiring certain assets of Toll Marine Logistic's sea-borne freight business in NT and far North Qld; as part of the proposed transaction Toll also proposed to acquire a 20% share of Sea Swift.

After an informal review the ACCC indicated they would oppose the acquisition on subsequently opposed the acquisition on 9 July 2015.

Sea Swift initially applied to the Tribunal for authorisation on 21 September; it subsequently withdrew this application and re-applied on 4 April 2016. The Tribunal granted authorisation on 1 July 2016.

 

Application to ACCC for informal clearance

On 9 December 2014 the ACCC commenced an informal review of Sea Swift's proposed acquisition of Toll Marine Logistics Australia.

The ACCC issues a Statement of Issues on 19 February 2015 and subsequently opposed the acquisition on 9 July 2015 (see media release)

See ACCC merger register

 

Application to Tribunal

Sea Swift first applied to the Tribunal for authorisation on 21 September 2015 but withdrew their application on 17 November 2015.

A new application for authorisation was submitted on 4 April 2016 and the proposed acquisition was subsequently authorised (subject to conditions) by the Tribunal on 1 July 2016.

The reasons for decision were published on 28 July 2016.

View Tribunal page

See also reasons for decision on Jade or AustLII:

 

Commentary