Competition Law Cases

Informal merger clearance

 

There is no requirement for mandatory pre-merger notification in Australia. Parties to mergers which may raise competition concerns are nevertheless encouraged to apply to notify the ACCC for 'informal clearance'; an indication of whether the ACCC will oppose the merger, not oppose the merger, or not oppose subject to conditions.

Most notified mergers are 'low risk' and are reviewed during an initial 2-4 week pre-assessment phase without public review. If a review is necessary the ACCC commences a public review and undertakes market inquiries. Usually between 6-12 after pre-assessment phase 1 concludes and the ACCC either issues a final decision or issues a 'Statement of Issues' (SOI) and proceeds to phase 2, including public consultation on the SOI. Phase 2 typically lasts between 6-12 weeks from the issue of the SOI, but may take longer and timelines may be suspended where further information is sought from the merging parties.

Parties may offer merger remedies at any point during the review process; the ACCC does not have the power to impose merger remedies, but may indicate that it will oppose a merger absent undertakings necessary to address competition concerns.

The process is supported by Informal Merger Process Guidelines.

 

Current merger reviews

A select list of pending and recently completed merger reviews.

See the ACCC’s merger register for a complete list of current and completed informal merger reviews.

Under review (select)

Google LLC - Mandiant, Inc
Internet-based products | Software | Cybersecurity
Commenced: 24 June 2022
Provisional date for announcement: 15 September 2022

Microsoft Corporation - Activision Blizzard Inc
Video gaming
Commenced: 20 June 2022
Provisional date for announcement: 15 September 2022

Qantas’ proposed acquisition of Alliance Airlines
Airlines
Commenced: 18 May 2022
Provisional date for announcement: 18 August 2022

THL Group (Australia) Pty Ltd - Apollo Tourism & Leisure Ltd
Motor Vehicle Rental
Commenced: 28 January 2022
Statement of Issues: 28 April 2022
Timeline suspended: 1 July 2022

Spirit Super and Palisade Investment Partners Consortium - Port of Geelong
Ports
Commenced: 18 January 2022
Statement of Issues: 31 March 2022
Timeline suspended: 27 July 2022

Korean Air Lines Co Ltd - Asiana Airlines Inc
Airlines
Commenced: 13 January 2022
Timeline suspended: 4 March 2022

Zoetis Australia Research and Manufacturing Pty Ltd - Betrola Pty Ltd
Animal Health Products
Commenced: 20 September 2021
Statement of Issues: 17 February 2022
Timeline suspended: 13 April 2022

Recently completed merger reviews (select)

Aurizon Holdings Ltd - One Rail Australia Holdings LP
Rail Transport
Commenced: 6 December 2021
Not opposed subject to undertakings: 14 July 2022

Telstra Corporation Ltd - Media Innovations Holdings Pty Ltd (Fetch TV)
Content aggregation services
Commenced: 2 May 2022
Not opposed: 14 July 2022

Wesfarmers Ltd - Australian Pharmaceutical Industries Ltd
Pharmaceuticals
Not opposed: 11 February 2022

 

Last updated: 25 February 2022