Mergers: Merger guidelines

Although there is no mandatory reporting obligation for proposed mergers in Australia, parties proposing to merge generally do notify the ACCC when proposing to merge and rely upon both the analytical and process guidelines produced by the ACCC to inform this process.

The current applicable guidelines for mergers in Australia are:

• ACCC Merger Guidelines (2008) (analytical)
• ACCC Merger Review Process Guidelines (2013)
• ACCC Formal Merger Process Guidelines (2008)
• Media Mergers (2006)

The 2008 Guidelines provide analytical guidance to parties wishing to merge.

• See merger guidelines 2008 page

See ACCC Merger Review Process Guidelines (2013)

See also Peter Campbell, 'New ACCC Merger Process Guidelines' (July 2013)

See ACCC Formal Merger Process Guidelines (June 2008)

Media Mergers (August 2006)
Guidance on approach to media mergers

Note that the on 26 August the ACCC released a draft version of its updated Media Merger Guidelines and is seeking comments before finalising the guidelines (due 14 October 2016). See ACCC media release.

Guidelines on the Assessment of Horizontal Mergers (2004)

Commission Notice on the definition of relevant market for the purpose of Community competition law (1997)

Pre-Merger/Hart-Scott-Rodino Act (resources from FTC)

Horizontal Merger Guidelines (August 2010 from DOJ site)

Horizontal Merger Guidelines (August 2010, PDF from FTC site)

Horizontal Merger Guidelines (April 1992, PDF from FTC; now replaced by 2010 Guidelines)

Horizontal Merger Guidelines (April 1992 from DOJ; now replaced by 2010 Guidelines)

Commentary on Horizontal Merger Guidelines (2006 Commentary on 1992 Guidelines - from DOJ site)

DOJ - Antitrust Division Policy Guide to Merger Remedies (June 2011)

DOJ Policy Guide to Merger Remedies (2004) (replaced by 2011 guide)

2005 Recommendation on Merger Review

Recommendations and guiding principles

ICN Guiding Principles for Merger Notifcation and Review
Adopted at 2002 Annual Conference (First Annual Conference, Naples, Italy, 28-29 Sept 2002)

ICN Recommended Practices for Merger Notification and Review Procedures
Adopted at First Annual Conference, Naples, Italy (September 28-29, 2002). Subsequently revised.

ICN Recommended Practices for Merger Analysis
Adopted at Seventh Annual Conference, Kyoto, Japan (April 14-16, 2008). Subsequently revised.

Workbooks, models and other guidance

Merger Guidelines Workbook
Fifth Annual Conference, Cape Town, South Africa, 3-5 May 2006

Merger Guidelines Workbook: Preliminary Draft for Discussion
Fourth Annual Conference, Bonn, Germany, 5-8 June 2005. D raft prepared by Office of Fair Trading and Irish Competition Authority.

Merger guidelines project: Interim report to the ICN in Merida
Presentation by John Vickers, UK OFT, and various NGAs on status of merger guidelines review project, 24 June 2003

Implementation Handbook (April 2006)
Examples of Legislative Text, Rules and Practices that conform to selected ICN guiding principles and recommended practices for merger notification and review procedures. Fifth Annual Conference, Cape Town, South Africa, 3-5 May 2006

Handbook on Investigative Techniques for Merger Review
Fourth Annual Conference, Bonn, Germany, 5-8 June 2005

Waivers of Confidentiality in Merger Investigations
Model Confidentiality Waiver

Model Laws

UNCTAD Model Law on Competition 2010
Commentary regularly revised. Chapter VI deals with mergers.

Principles

The United Nations Set of Principles on Competition (The UN Set)