Undertakings in merger proceedings …

Michael Gvozdenovic and Stephen Puttick

Australian Journal of Competition and Consumer Law

Michael Gvozdenovic and Stephen Puttick, ‘Undertakings in merger proceedings following Australian Competition and Consumer Commission v Pacific National Pty Ltd: Has the Train Left the Station?’ (2020) 28(4) Australian Journal of Competition and Consumer Law 286

Introduction

The decisions in Australian Competition and Consumer Commission v Pacific National Pty Ltd (No 2) and Australian Competition and Consumer Commission v Pacific National Pty Ltd have been the subject of much deliberation, including two notes by the authors in earlier issues of this journal. The authors there considered the first instance decision and, in relation to the appeal, issues regarding the "substantial lessening of competition" (SLC) test under s 50 of the Competition and Consumer Act 2010 (Cth) (the CCA). In that connection, and more specifically, the authors examined the approach to defining the relevant "market", the "meaning" of "likely" under s 50 and Pt IV of that Act more generally, the standard and burden of proof, and the role of perceptions (both in respect of the present case and in contested merger proceedings more generally).

This note explores the availability and advantages, or otherwise, of undertakings in contested merger proceedings.

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