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Month: June 2017

Tribunal clears Tabcorp/Tatts merger ?>

Tribunal clears Tabcorp/Tatts merger

The Australian Competition Tribunal last week granted authorisation for the proposed Tabcorp/Tatts merger. Legal framework for mergers in Australia The Competition and Consumer Act 2010 (s 50) prohibits acquisitions which would have the effect (or likely effect) of substantially lessening competition in any market (with market defined to mean a market for goods or services in Australia or in an Australian State, Territory or region).  There is no obligation for parties to seek competition approval in advance of a merger/acquisition;…

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High Court rules on meaning of ‘Market in Australia’ ?>

High Court rules on meaning of ‘Market in Australia’

The High Court has delivered its second competition law judgment this year (the first was Flight Centre), this time providing some important clarification to the meaning of ‘market in Australia’.  The case revolved around allegations of price fixing in relation to air cargo and was decided by reference to Australia’s (now repealed) price fixing provision (replaced by new cartel laws in 2009).  Despite the fact that the new cartel laws do not require that the market be ‘in Australia’, with…

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