Application by Sea Swift Pty Ltd for merger authorisation of the proposed acquisition of
certain assets of Toll Marine Logistics Australia’s marine freight
Australian Competition Tribunal
Sea Swift proposed acquiring certain assets of Toll Marine Logistic's sea-borne freight business in NT and far North Qld; as part of the proposed transaction Toll also proposed to acquire a 20% share of Sea Swift.
After an informal review the ACCC indicated they would oppose the acquisition on subsequently opposed the acquisition on 9 July 2015.
Sea Swift initially applied to the Tribunal for authorisation on 21 September; it subsequently withdrew this application and re-applied on 4 April 2016. The Tribunal granted authorisation on 1 July 2016.
Application to ACCC for informal clearance
Application to Tribunal
Sea Swift first applied to the Tribunal for authorisation on 21 September 2015 but withdrew their application on 17 November 2015.
A new application for authorisation was submitted on 4 April 2016 and the proposed acquisition was subsequently authorised (subject to conditions) by the Tribunal on 1 July 2016.
The reasons for decision were published on 28 July 2016.
See also reasons for decision on Jade or AustLII:
Post-Tribunal release of reasons
- Corrs Chambers Westgarth: Is Toll and Sea Swift the Exception or a New Normal? (3 August 2016)
- Minter Ellison: Australian Competitive Edge | Fact trumps theory - Australian Competition Tribunal releases reasons for authorising Sea Swift's proposed acquisition of Toll marine freight business (5 August 2016)
- Michele Laidlaw & Virginia Minh, 'Another Merger Authorisation – Sea Swift Marine Freight Acquisition Cleared by Competition Tribunal' (Johnson Winter & Slattery, July 2016)
- Gilbert+Tobin, 'Australian Competition Tribunal authorises Sea Swift's acquisition of Toll's marine freight assets' (July 2016)
- John Durie, 'Treasury Wine Estates: glass half full despite election chaos' (The Australian, 5 July 2016) (under heading 'Watchdog's bad record', mid-way down the page)
- John Durie, 'ACCC loses Toll freight merger decision' (The Australian, 1 July 2016)