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

Competition and Consumer Act 2010 (Cth)

Section 95AZF
Commission to assist Tribunal

 

The provision

(1) For the purposes of determining the application:

(a) the Commission may call a witness to appear before the Tribunal and to give evidence in relation to the application; and

(b) the Commission may report on statements of fact put before the Tribunal in relation to the application; and

(c) the Commission may examine or cross examine any witnesses appearing before the Tribunal in relation to the application; and

Note: The Commission may be represented by a lawyer: see paragraph 110(d).

(d) the Commission may make submissions to the Tribunal on any issue the Commission considers relevant to the application.

(2) For the purposes of determining the application, the member of the Tribunal presiding on the application may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal, as the member specifies.

 

Legislative history

Forthcoming

 

Commentary

See merger mergers page.

 

Cases

Application by AGL Energy Limited for merger authorisation (proposed acquisition of Macquarie Generation) (24 March 2014). On 25 June 2014 the Tribunal granted authorisation for the proposed acquisition.

Application by Sea Swift Pty Limited for merger authorisation (proposed acquisition of certain Toll Marine Logistics assets)
(made and withdrawn in 2015; new application 2016). On 1 July 2016 the Tribunal granted authorisation (subject to conditions)

Tabcorp Holdings and Tatts Group - proposed merger (ACT 1 of 2017)
(authorised subject to condition that Tabcorp divest Odyssey Gaming business in Queensland (20 June 2017))