Treasurer, the Hon Dr Jim Chalmers, has announced proposed changes to Australia’s merger laws. These include a single mandatory merger clearance process, with clearance determined by the ACCC and subject to review by the Australian Competition Tribunal (with further judicial review available in the Federal Court) Significant changes to the substantive test are also proposed See The Treasury, Competition Review: Mergers (including reform consultation and reform paper) See The Hon Dr Jim Chalmers MP and The Hon Andrew Leigh MP, ‘Merger reform for a more competitive economy’ (Media release, 1 ..read more

The ACCC has released an issues paper to inform its 9th interim report of the Digital Platform Services Inquiry. The report page states The ACCC will revisit potential competition and consumer issues arising in the supply of general search services in Australia. Our report will focus on general search services that consumers use to navigate the internet and search for information on a range of queries. This report is the ninth interim report of the Digital Platform Services Inquiry. It will consider the current state of competition in general search services and what has changed, including ..read more

The ACCC has published an issues paper outlining topics that the supermarkets inquiry will explore. Consumers are invited to share information through an online survey and submissions are invited from farmers, wholesalers, retailers, and other interested parties. See ACCC, ‘ACCC supermarkets inquiry invites consumer, farmer and industry views’ (ACCC, 29 February 2024 ..read more

The ACCC has published its second submission to the Treasury Competition Review on merger reform. The ACCC’s submission page notes that it ‘highlights the ACCC’s view that reforms are urgently needed to ensure the merger laws are effective in preventing anti-competitive transactions, particularly during the current cost of living crisis).’ View media release View submission View official Treasury review page View my Treasury review page ..read more

The Prime Minister, Anthony Albanese, has announced that the ACCC will be directed to conduct a year-long probe into the supermarket industries, apparently focusing on concerns about price gouging in relation to fruit, vegetables and meat. The ACCC has set up an inquiry home page. See also my review page for key details. The ACCC press release states: The ACCC welcomes today’s announcement by the Australian Government that it will direct the ACCC to conduct an inquiry into Australia’s supermarket sector, including the pricing practices of the supermarkets and the relationship between wholesal ..read more

The ACCC has published its preliminary submission to the Treasury paper on merger reform. View ACCC media release View ACCC submission to Treasury (20 December 2023) View ACCC submission to Treasury (9 March 2023) View Treasury consultation on Merger Reform (20 November - 19 January 2024 ..read more

Several merger announcements today from the ACCC: Woolworths acquisition of controlling interest in Petstock not opposed This follows Petstock giving undertakings to divest certain sites and assets previously acquired and not notified to the ACCC. Viva Energy’s proposed acquisition of OTR Group not opposed subject to divestiture Divestiture involves commitment for Viva Energy to divest 25 Coles Express sites in South Australia. Endeavour’s proposed acquisition of Prince Consort Hotel raises competition concerns The ACCC has published a statement of issues, expressing concerns that the ac ..read more

The Government has released its response to the ACCC’s digital platforms report of 11 November 2022. It has supported, in principle, recommendations of the ACCC and will now consult on development of a new ex-ante digital competition regime. See Government Response Treasury Consultation on Regulatory Reform (20 December 2022-15 February 2023) See also my Digital Platforms Services Inquiry page for further detail ..read more

Power tools supplier, Techtronic, has been ordered to pay $15 million in penalties after admitted resale price maintenance conduct in relation to Milwaukee branded products. This represents the highest penalty imposed for resale price maintenance in Australia. See ACCC media release ..read more

Treasury’s Competition Taskforce has released its Consultation paper on Merger Reform. Public submissions are due by 19 January 2024. View consultation website ..read more