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Merger authorisations

Application for Merger Authorisation of Warrnambool Cheese and Butter Factory Company Holdings Ltd

Australian Competition Tribunal
Authorisation Application


Murray Goulburn applied to the Tribunal under s 95AV of the Competition and Consumer Act seeking authorisation of its proposed acquisition of Warrnambool Cheese and Butter. This is the first application for authorisation since the power to grant merger authorisations shifted from the ACCC to the ACT in 2007. Authorisation must not be granted unless the Tribunal is satisfied that the acquisition is likely to result in such benefit to the public that it should be allowed. The Tribunal must consider as benefits:

  • significant increase in the real value of exports
  • significant substitution of domestic products for imported goods
  • all matters relevant to the international competitiveness of any Australian industry

Other factors may also be considered.

In accordance with s 95AX of the Act, the Tribunal gave a copy of the application to the ACCC which has submitted an issues paper.

The application was withdrawn on 23 January 2014; rival bidder, Canadian dairy company, Saputo, made a successful bid.


Key documents

Key documents can be found on the Tribunal's authorisation page. They include: