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Tag: authorisation

Reasons out in Tabcorp ?>

Reasons out in Tabcorp

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

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

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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Banks denied interim authorisation for cartel conduct ?>

Banks denied interim authorisation for cartel conduct

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

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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