The ACCC has applied to the High Court for special leave to appeal the Pacific National Merger decision. It argues the Full Federal Court’s decision ‘does not recognise the full impact of the proposed acquisition on competition in this vitally important industry’.

“The ACCC proposes to allow the NSW Minerals Council and ten coal producers to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other minerals.”

Shipping company Wallenius Wilhelmsen Ocean AS (WWO) has entered a guilty plea to criminal cartel conduct in the Federal Court today.

The ACCC has outlined preliminary concerns with Google’s proposed acquisition of Fitbit. In particular, it has expressed concerns that ‘Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and adversely affect competition in several digital advertising and health markets‘.

The ACCC has announced it will not oppose the proposed acquisition of Connective Group Pty Ltd by Australian Finance Group Ltd.

The ACCC has announced that it proposes not to allow plans by Caravan Tarde and Industries Association of Queensland (Caravanning Queensland) to offer a loyalty program to members.

The ACCC has announced it will not oppose Lumibird’s proposed acquisition of the Lasters and ultrasound Business of Ellex.

The ACCC has announced that it is ‘proposing to allow insurance companies and brokers to continue coordination and implementation of temporary COVID-19 relief measures for certain small businesses.‘

Andrew Eastwood has an item in today’s AFR discussing the future for regulatory enforcement in Australia.

RPM notification rejected: The ACCC has rejected a proposal by Stanley Black & Decker to set a minimum advertised price for Dewalt brand power tools, accessories and attachments.

The ACCC has announced it is continuing to investigate Qantas’s acquisition of a 19.9% stake in Alliance Aviation. The acquisition means Qantas is now Alliance’s single biggest shareholder. The acquisition took place without Qantas first seeking ACCC clearance.

The ACCC is seeking views on a divestment undertaking offered by Elanco relating to its proposed acquisition of Bayer Aktiengesellschaft’s animal health business.

Speaking to The Guardian, ACCC chair, Rod Sims, said he would welcome the continuation of the AAP in some form and that if there was a bidder the ACCC would be ‘watching to ensure there were no inappropriate impediments to sale’.

The ACCC has been unsuccessful in its attempt to stay Garuda’s appeal against a $19 million cartel penalty, despite its failure to pay the penalty.

The team at K&L Gates has put together a helpful guide to industry collaboration approvals by the ACCC as a result of COVID-19.

‘The ACCC is seeking views to inform its work on developing a new draft mandatory code that will address bargaining power imbalances between Australia’s news media businesses and Google and Facebook.‘

The ACCC and the Office of the Australian Information Commissioner (OAIC) have jointly released the Compliance and Enforcement Policy for the Consumer Data Right.

Commissioner Cristina Cifuentes will leave the ACCC on 3 July 2020. Commissioner Cifuentes has served more than seven years in the role.

The ACCC has dismissed the ACCC’s appeal against a 2019 Federal Court decision which found that Pacific National’s acquisition of Acacia Ridge Terminal in Brisbane would not substantially lessen competition as a result of undertakings given by PN. As a result of the appeal the acquisition can proceed without that undertaking.

The Government It has ordered the ACCC to stop working on the voluntary code and prepare a new mandatory code of conduct regime to address bargaining power imbalance between the big platforms and the media. It is to be developed for release and consultation in July and subsequent implementation. Treasurer Josh Frydenberg said ahead of the announcement that it’s ‘only fair that those that generate content get paid for it’.