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Pre-merger notifications

Article Abstract:

The proposed pre-merger process will provide businesses considering acquisitions with little comfort because the decision by the Australian Trade Practices Commission (TPC) not to act during the notification period will not preclude later TPC or private action. Acquiring companies will get some indication of whether section 50 of the Trade Practices Act will be violated, but the merger, once completed, may still subject the combination to divestiture. The 21-day notification period will help to curb sudden mergers.

Investigations, Australia. Trade Practices Commission

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Why authorisations should be available directly from the Trade Practices Tribunal

Article Abstract:

Companies needing authorization under the Australian Trade Practices Act should have more ready access to the Trade Practices Tribunal without having to first follow Trade Practices Commission procedures. The fact that the Trade Practices Tribunal can only be reached after Trade Practices Commission hearings which may affect the objectivity of the later proceedings. The controversy between newsagents and convenience stores demonstrates the complexity added by these administrative procedures.

Cases, Newsstands

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Standing to review authorisation

Article Abstract:

The review procedure for parties seeking authorization of a merger by the Australian Competition and Consumer Commission under s. 101 of the Trade Practices Act is discussed.

Australia, Interpretation and construction, Commercial law

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