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Category: Authorisation

Parliament House Australia
Harper competition reforms now passed ?>

Harper competition reforms now passed

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Last week Parliament passed the most significant reforms to Australia’s competition laws in more than two decades. The legislation The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (CPR Bill) includes the majority of reforms recommended in the 2015 Harper Report. The related Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (MMP Act), became law on 23 August this year.  As the name suggests, it contains the reforms to the misuse of market power provisions. However, commencement of those…

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Reasons out in Tabcorp ?>

Reasons out in Tabcorp

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The reasons for judgment have been released in the Tabcorp/Tatts judicial review matter – sooner than expected. Of the ACCC’s three grounds of judicial review only the first succeeded; the Court held that the Tribunal erred in not assessing certain detriment alleged by the ACCC. The ACCC’s Grounds of Appeal The ACCC’s three grounds of appeal were that: that the Tribunal was wrong to reason that it could only conclude the acquisition would result in a detriment if it found there…

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Federal Court sends Tabcorp/Tatts deal back to the Tribunal ?>

Federal Court sends Tabcorp/Tatts deal back to the Tribunal

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The Federal Court yesterday upheld the ACCC’s application for Judicial Review, setting aside the decision of the Australian Competition Tribunal on 22 June 2017 to authorise the proposed merger between Tabcorp at Tatts. The matter has now been referred back to the Tribunal. The reasons for decision have been embargoed from release (both to parties and the public) while solicitors for the parties determine whether it contains commercial in confidence material that requires redaction; the solicitors have no more than…

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ACCC appeals Tribunal’s Tabcorp/Tatts merger authorisation ?>

ACCC appeals Tribunal’s Tabcorp/Tatts merger authorisation

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The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal’s recent Tabcorp/Tatts merger authorisation decision. Background I outlined the Tribunal’s Tabcorp decision in an earlier blog (Tribunal Clears Tabcorp/Tatts Merger (ACL Blog, 30 June 2017)) and provided some more detailed information and case extracts on my my Tabcorp case page). Briefly the Tribunal has the power to authorise a proposed merger/acquisition (s 95AT) on public benefit grounds, provided satisfied that the ‘proposed acquisition would…

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Tribunal clears Tabcorp/Tatts merger ?>

Tribunal clears Tabcorp/Tatts merger

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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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Apple goes on the attack ?>

Apple goes on the attack

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There has been plenty of media this week generated by Apple’s latest submission in response to the application by four banks to collectively bargain and boycott Apple in relation to Apple Pay. Brief re-cap: the story so far The application The saga began in August 2016 when four banks (Cth, Westpac, NAB, Bendigo and Adelaide Bank) sought authorisation to collectively bargain with and boycott Apple in relation to Apple Pay.  The ACCC may grant authorsiation for conduct that would otherwise contravene the…

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Banks denied interim authorisation for cartel conduct ?>

Banks denied interim authorisation for cartel conduct

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In an earlier post I noted that that several Australian banks had applied to the ACCC for authorisation to collectively bargain ‘with providers of third-party mobile wallet services [including Apple] on conditions relating to competition, best practice standards, and efficiency and transparency.’ Authorisation and interim authorisation Authorisation may be granted for cartel conduct and other prohibited anti-competitive conduct on public benefit grounds.  Applications typically take up to six months, which allows the ACCC to undertake detailed market studies and full consideration of potential competitive detriment…

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Apple versus the banks ?>

Apple versus the banks

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Several Australian banks, including three out of the ‘big four’ banks, want the ACCC to give them the green light to engage in hard-core cartel conduct. The Banks’ submission On 26 July Bendigo and Adelaide Bank, the Commonwealth Bank, NAB and Westpac sought authorisation to engage in collective negotiation with providers of third party mobile wallet services (essentially Apple) and to collectively boycott third-party providers during the course of collective negotiations.  Apple has so far locked out third-party providers, although ANZ (the…

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