Home Page / Legislation / Competition and Consumer Act 2010 / s 95AH

Competition and Consumer Act 2010 (Cth)

Section 95AH
Application to be published on the Internet

 

The provision

(1) The Commission must keep a register (the merger clearance register) of:

(a) applications for clearances; and

(b) applications for minor variations of clearances; and

(c) applications for, or the Commission’s proposals under section 95AS for, the revocation of clearances or for the revocation of clearances and the substitution of other clearances; including applications that have been withdrawn or proposals that have been abandoned.

(2) The register must include:

(a) any document given to the Commission in relation to an application or proposal referred to in subsection (1); and

(b) particulars of any oral submission made to the Commission in relation to such an application or proposal; and

(c) the determination of the Commission on such an application or proposal and the statement of the reasons given by the Commission for that determination;

unless section 95AI (confidentiality) prevents the inclusion.

 

Legislative history

 

Commentary

Division 3 of Part VII of the Act was introduced in 2006 following recommendations by the Dawson Committee. Subdivision B allows parties to apply for 'formal clearance' of their mergers. There is no mandatory pre-merger notification regime operating in Australia and the ACCC may still provide informal advice to parties regarding the legality of their proposed merger.

See mergers page.