Will there be a change in the review of mergers by the Australian Competition and Consumer Commission after the Metcash Decision

Robert Baxt
(2012) 40 Australian Business Law Review 55

Opening paragraph

'The decision of the Full Federal Court in Australian Competition and Consumer Commission v Metcash Trading Ltd [2011] ATPR 42-380; FCAFC 151 (Metcash) has been welcomed by competition lawyers, advisors and businesses throughout Australia. As the media are saying in commentary on the decision that it provides some common sense, and a more realistic approach, to the assessment of mergers governed by s 50 of the Competition and Consumer Act 2010 (Cth) (CCA). The decision by the Australian Competition and Consumer Commission (ACCC) not to seek leave to appeal the Full Federal Court decision to the High Court (and it is doubtful whether leave would have been granted to the ACCC) has also been welcomed.'

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