Do we need a better way for reviewing mergers?

Peter Strickland
(2012) 40 Australian Business Law Review 143

Abstract

'There are strong public and private interests in efficient, rigorous, fair and accountable ex ante merger review from a competition law perspective. The issue explored in this article is whether or not those interests are being sufficiently served by Australia's current processes for pre-merger review. In particular, this article considers why the "formal" clearance process has not been used, even although five years have passed since its introduction. This article concludes that Australia remains in need of a better pre-merger review process. It then suggests three areas in which the "formal" clearance process could be reformed in order to transform the formal process into one which would better serve both the relevant public and private interests.'

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