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Mergers: Merger guidelines

 

Overview

Although there is no mandatory reporting obligation for proposed mergers in Australia, parties proposing to merge generally do notify the ACCC when proposing to merge and rely upon both the analytical and process guidelines produced by the ACCC to inform this process.

The current applicable guidelines for mergers in Australia are:

  • ACCC Merger Guidelines (2008) (analytical)
  • ACCC Merger Review Process Guidelines (2013)
  • ACCC Formal Merger Process Guidelines (2008)
  • Media Mergers (2006)

 

ACCC Merger Guidelines (analytical) (November 2008)

The 2008 Guidelines provide analytical guidance to parties wishing to merge.

 

ACCC Merger Review Process Guidelines (2013)

 

ACCC Formal Merger Process Guidelines (2008)

 

Media mergers

External linkMedia Mergers (August 2006)
Guidance on approach to media mergers

Note that the on 26 August the ACCC released a External linkdraft version of its updated Media Merger Guidelines and is seeking comments before finalising the guidelines (due 14 October 2016). See External linkACCC media release.

 

Other jurisdictions

Europe

United States

External linkPre-Merger/Hart-Scott-Rodino Act (resources from FTC)

External linkHorizontal Merger Guidelines (August 2010 from DOJ site)

External linkHorizontal Merger Guidelines (August 2010, PDF from FTC site)

External linkHorizontal Merger Guidelines (April 1992, PDF from FTC; now replaced by 2010 Guidelines)

External linkHorizontal Merger Guidelines (April 1992 from DOJ; now replaced by 2010 Guidelines)

External linkCommentary on Horizontal Merger Guidelines (2006 Commentary on 1992 Guidelines - from DOJ site)

External linkDOJ - Antitrust Division Policy Guide to Merger Remedies (June 2011)

External linkDOJ Policy Guide to Merger Remedies (2004) (replaced by 2011 guide)

 

International guidance and recommendations

OECD

International Competition Network

Recommendations and guiding principles

External linkICN Guiding Principles for Merger Notifcation and Review
Adopted at 2002 Annual Conference (First Annual Conference, Naples, Italy, 28-29 Sept 2002)

External linkICN Recommended Practices for Merger Notification and Review Procedures
Adopted at First Annual Conference, Naples, Italy (September 28-29, 2002). Subsequently revised.

External linkICN Recommended Practices for Merger Analysis
Adopted at Seventh Annual Conference, Kyoto, Japan (April 14-16, 2008). Subsequently revised.

Workbooks, models and other guidance

External linkMerger Guidelines Workbook
Fifth Annual Conference, Cape Town, South Africa, 3-5 May 2006

External linkMerger Guidelines Workbook: Preliminary Draft for Discussion
Fourth Annual Conference, Bonn, Germany, 5-8 June 2005. D raft prepared by Office of Fair Trading and Irish Competition Authority.

External linkMerger guidelines project: Interim report to the ICN in Merida
Presentation by John Vickers, UK OFT, and various NGAs on status of merger guidelines review project, 24 June 2003

External linkImplementation Handbook (April 2006)
Examples of Legislative Text, Rules and Practices that conform to selected ICN guiding principles and recommended practices for merger notification and review procedures. Fifth Annual Conference, Cape Town, South Africa, 3-5 May 2006

External linkHandbook on Investigative Techniques for Merger Review
Fourth Annual Conference, Bonn, Germany, 5-8 June 2005

External linkWaivers of Confidentiality in Merger Investigations
Model Confidentiality Waiver

UNCTAD

Model Laws

External linkUNCTAD Model Law on Competition 2010
Commentary regularly revised. Chapter VI deals with mergers.

Principles

External linkThe United Nations Set of Principles on Competition (The UN Set)