Australian Competition Authority

ARM Architecture and its former MD to pay penalties for attempted rigging of university tender* The Federal Court today found architecture firm Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen had attempted to rig bids for a tender (...)

Reform of merger laws critical for Australia’s economic transition* Australia’s merger laws are no longer fit for purpose and tilted too much towards allowing potentially anti-competitive mergers to proceed, ACCC Chair Gina Cass-Gottlieb said today. In a speech to the National Press Club in (...)

ACCC seeks further views on ANZ’s proposed acquisition of Suncorp Bank* The ACCC has released a statement of preliminary views on ANZ Banking Group’s (ASX:ANZ) proposed acquisition of Suncorp Group’s (ASX:SUN) banking arm. The ACCC’s review so far has been focused on home loans and retail (...)

Interim authorisation granted to Qantas and China Eastern* Qantas Airways, China Eastern and their related entities can continue coordinating their passenger and cargo transport operations following an interim authorisation from the ACCC. Under an existing authorisation granted in 2021 Qantas (...)

Cooperation proposed to continue on soft plastics recycling after REDcycle liquidation* The ACCC proposes to grant authorisation with conditions for 12 months to allow the major supermarkets to continue collaborating on a short-term solution to manage the soft plastics stockpile and to (...)

Expanding digital platform ecosystems to be examined by ACCC* The ACCC will examine the expanding ecosystems of digital platform service providers in Australia as part of its’ five-year Digital Platform Services Inquiry. Large digital platform service providers, like Alphabet (Google), Amazon, (...)

Interim authorisation granted to Jetstar’s Asian brands* The ACCC has granted interim authorisation to Qantas Airways Ltd (ASX:QAN) and Jetstar Airways Pty Ltd for the continued coordination of two Jetstar Asian-based joint ventures and, in certain circumstances between Jetstar Japan and Japan (...)

Aussie Skips and CEO plead guilty to alleged waste services price fixing cartel* Sydney waste companies, Aussie Skips Recycling and Aussie Skips Bin Services (together Aussie Skips), along with its chief executive Emmanuel Roussakis have today each pleaded guilty in the Federal Court to a (...)

Endeavour’s proposed acquisition of Beachfront Hotel in Darwin not opposed* The ACCC will not oppose Endeavour Group Limited’s proposed acquisition of the Beachfront Hotel in Rapid Creek, just north of Darwin. The Beachfront Hotel includes a hotel and an independent liquor store trading under (...)

Court action for alleged tendering cartel at WA mining camps* The ACCC has launched Federal Court proceedings against technology company Swift Networks Pty Ltd (Swift) for alleged bid rigging and price fixing when tendering to supply equipment and services to five Pilbara mining village sites. (...)

Interim authorisation granted to Odin joint venture for marketing gas* The ACCC has granted interim authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)

ACCC consults on Sika’s proposed divestiture undertaking* The ACCC is seeking views on a proposed court-enforceable divestiture undertaking offered by Sika in relation to its proposed acquisition of MBCC Group. Sika and MBCC Group supply construction chemicals and materials including chemical (...)

Endeavour revises acquisition of four hotels in South Australia* The ACCC will not oppose the proposed acquisitions of the Beach Hotel and Tower Hotel by Endeavour Group Limited (ASX:EDV), after accepting a court-enforceable undertaking offered by Endeavour to divest its BWS Seaford bottle (...)

ACCC seeks further views on Armaguard and Prosegur merger* The ACCC has released a statement of preliminary views regarding Armaguard and Prosegur’s application to the ACCC for merger authorisation. Armaguard and Prosegur are the two largest suppliers of cash-in-transit services in Australia (...)

ACCC decides not to grant authorisation for Telstra and TPG regional network deal* The ACCC has decided not to authorise proposed regional mobile network arrangements between Telstra Corporation Limited (ASX:TLS and ASX:TL1) and TPG Telecom Limited (ASX:TPG). Under the statutory test, the (...)

Aussie Skips and its chief executive charged with alleged waste services cartel offences* Waste companies Aussie Skips Recycling and Aussie Skips Bin Services (together Aussie Skips) have been charged with two criminal cartel offences relating to price fixing for demolition waste services in (...)

ACCC begins ANZ, Suncorp merger authorisation review* The ACCC today commenced its formal consideration of ANZ Banking Group’s proposed acquisition of the banking arm of Suncorp. The ACCC received the merger authorisation application on Friday 2 December. The transaction will be reviewed in (...)

Endeavour’s proposed acquisition of Beachfront Hotel raises preliminary concerns* The ACCC has outlined preliminary competition concerns with Endeavour Group Limited’s (ASX:EDV) proposed acquisition of the Beachfront Hotel in Rapid Creek, just north of Darwin, in a statement of issues published (...)

BlueScope and its former general manager Jason Ellis attempted to induce steel price fixing agreements* In civil cartel proceedings brought by the ACCC, the Federal Court has found that BlueScope Steel Limited and its former general manager of sales and marketing, Mr Jason Ellis, engaged in (...)

Oil and gas services company Qteq in court for alleged cartel conduct* The ACCC has today filed civil cartel proceedings in the Federal Court against mining equipment and technology services company Qteq Pty Ltd (Qteq) and its executive chairman, Simon Ashton. It is alleged that on seven (...)

Woolworths’ proposed acquisition of SUPA IGA Karabar raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with Woolworths’s (ASX:WOW) proposed acquisition of the independent supermarket operating as SUPA IGA in Karabar, and co-located liquor store (...)

Compare the Market’s proposed acquisition of iSelect not opposed* The ACCC will not oppose Innovation Holdings Australia Pty Ltd’s (IHA) proposed acquisition of iSelect Limited (ASX:ISU). IHA currently owns approximately 26 per cent of shares in iSelect, which it acquired through a series of (...)

Cochlear’s proposed acquisition of Oticon Medical raises preliminary competition concerns* The ACCC has outlined significant preliminary competition concerns with Cochlear’s (ASX:COH) proposed acquisition of Oticon Medical in a statement of issues published today. Cochlear is proposing to (...)

Alkaloids of Australia and its former export manager sentenced in criminal price fixing cartel* The Federal Court has sentenced a family-owned Australian pharmaceutical company and its former export manager for engaging in criminal cartel conduct, following a criminal prosecution by the (...)

Supermarkets can cooperate in Soft Plastics Taskforce after REDcycle pauses recycling program* Major supermarket retailers will form part of a Soft Plastics Taskforce to explore solutions to address the immediate effects of REDcycle suspending its return-to-store soft plastics recovery (...)

NQ Cranes to pay $1 million for cartel agreement with competitor* The Federal Court has ordered that overhead crane company NQ Cranes Pty Ltd pay a $1 million penalty after NQ Cranes admitted that it had entered into an anti-competitive cartel agreement with a competitor, in proceedings (...)

Turf breeder to address concerted practices concerns* Turf breeder Lawn Solutions Australia Group Pty Ltd (LSA) has provided a court-enforceable undertaking to address ACCC concerns that LSA may have engaged in a concerted practice by communicating with turf growers and resellers about the (...)

ACCC calls for new competition and consumer laws for digital platforms* The ACCC has recommended a range of new measures to address harms from digital platforms to Australian consumers, small businesses and competition. The fifth report of the ACCC’s five-year Digital Platform Services Inquiry (...)

ACCC to consult further on proposed extension of Virgin Australia and Alliance Airlines charter alliance agreement* The ACCC is seeking submissions on a draft determination issued today proposing to deny authorisation to an extension of a Charter Alliance Agreement between Virgin Australia (...)

Former Bingo CEO Daniel Tartak pleads guilty to aiding and abetting demolition waste price fixing* Former Managing Director and CEO of Bingo Industries, Daniel Tartak, has today entered pleas of guilty to criminal cartel offences, after charges were laid by the Commonwealth Director of Public (...)

Forestry Corporation of NSW’s proposed acquisition of Hume Forest Ltd assets raises preliminary competition concerns* The ACCC has outlined preliminary concerns with Forestry Corporation of New South Wales’ (FCNSW) proposed acquisition of the assets of Hume Forests Ltd (Hume) in a statement of (...)

ARM Architecture in court over alleged cartel conduct for university project* The ACCC has today launched civil proceedings in the Federal Court against Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen, alleging they engaged in (...)

ACCC seeks further views on Telstra, TPG mobile network deal* The ACCC has released a statement of preliminary views on the authorisation sought by Telstra and TPG for their proposed regional mobile network arrangements. The ACCC is calling for further submissions and looks forward to hearing (...)

THL’s proposed acquisition of Apollo not opposed, subject to divestiture* The ACCC will not oppose the proposed acquisition of Apollo (ASX:ATL) by THL, after accepting a court-enforceable undertaking that requires Apollo to divest a large proportion of its newest motorhome fleet. THL and (...)

Zoetis’ proposed acquisition of Jurox not opposed, subject to divestiture* The ACCC will not oppose the proposed acquisition of Jurox by Zoetis after accepting a court-enforceable undertaking from Zoetis to divest Jurox’s intramammary product range, consisting of intramammary antibiotics for dry (...)

Court orders two roof tiling businesses and their directors pay $420,000 for cartel conduct* The Federal Court has today ordered two Sydney suppliers of slate roofing services and the sole directors of each business to pay penalties totalling $420,000 for engaging in cartel conduct, following (...)

Dye & Durham’s proposed acquisition of Link not opposed, subject to divestiture* The ACCC will not oppose the proposed acquisition of Link Administration Holdings (ASX:LNK) by Dye & Durham Corporation (D&D), after accepting a court-enforceable undertaking from D&D to divest its (...)

First individuals are sentenced for criminal cartel conduct* The Federal Court has sentenced four individuals to suspended prison terms and imposed a one million dollar fine on Sydney money remittance business Vina Money in a prosecution conducted by the Commonwealth Director of Public (...)

Virgin Australia’s codeshare arrangements authorised by ACCC* The ACCC has granted authorisation for Virgin Australia to enter into codeshare pricing arrangements with its international airline partners for 5 years. Virgin Australia’s international airline partners include United Airlines, (...)

Consultation begins on THL and Apollo’s proposed divestiture undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered by THL and Apollo (ASX: ATL) in relation to THL’s proposed acquisition of Apollo. THL and Apollo are involved in the rental, sale and (...)

Korean Air’s proposed acquisition of Asiana not opposed* The ACCC will not oppose Korean Air Lines Co. Ltd.’s (Korean Air) proposed acquisition of Asiana Airlines, Inc (Asiana). Korean Air and Asiana are airlines based in South Korea that provide air passenger and air cargo services between (...)

CFMEU and Hutchinson to pay penalties for boycott conduct* The Federal Court has today ordered the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and construction company J Hutchinson Pty Ltd (Hutchinson) to pay penalties of $750,000 and $600,000 respectively for boycott (...)

IVE’s acquisition of Ovato not opposed* The ACCC will not oppose IVE Group’s (ASX: IGL) proposed acquisition of Ovato Limited (ASX: OVT). IVE and Ovato overlap in heatset web-offset printing, which is used to produce a range of printed materials in Australia, including magazines and retail (...)

Consultation opens on Woolworths’ proposed acquisition of SUPA IGA Karabar* The ACCC is seeking views from consumers and businesses in the Queanbeyan area on Woolworths’ proposed acquisition of SUPA IGA Karabar. Woolworths and SUPA IGA Karabar currently compete in supplying groceries in the (...)

Spirit Super and Palisade Investment Partners Consortium decides not to proceed with Port of Geelong acquisition* The Spirit Super and Palisade Investment Partners Consortium (the Consortium) has withdrawn its request for merger clearance from the ACCC for its proposed acquisition of the Port (...)

Qantas’ proposed acquisition of Alliance Airlines raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with Qantas Airways’ (ASX: QAN) proposed acquisition of Alliance Aviation Services Ltd (ASX: AQZ) in a statement of issues published today. In (...)

Smaller telcos continue to increase broadband market share* Smaller broadband providers increased their market share in the NBN wholesale market in the June quarter 2022, and a record number of telcos now have their networks connected to the NBN at all of the available physical locations, the (...)

Bingo Industries pleads guilty to alleged demolition waste cartel* Waste company Bingo Industries has today entered pleas of guilty to criminal cartel offences relating to price fixing for demolition waste services in Sydney. Bingo was charged with these offences today after an investigation (...)

38 contract terms in 11 Fuji small business contracts declared unfair and void The Federal Court today declared that 38 contract terms used in contracts entered into by Fujifilm Business Innovation Australia or Fujifilm Leasing Australia (together, Fuji) with many thousands of small businesses (...)

Woolworths’ acquisition of MyDeal not opposed* The ACCC will not oppose Woolworths’ (ASX: WOW) proposed acquisition of online retailer MyDeal (ASX: MYD). Woolworths, through its Big W stores and supermarkets, and MyDeal, through its online marketplace, sell a variety of general merchandise (...)

Consultation begins on Zoetis’ proposed divestiture remedy* The ACCC is seeking views on a proposed court-enforceable undertaking offered by Zoetis in relation to its proposed acquisition of Jurox. Zoetis and Jurox develop, manufacture, and sell animal health products that detect, prevent, and (...)

Google’s acquisition of Mandiant not opposed* The ACCC will not oppose the proposed acquisition of Mandiant, Inc. by Google LLC. Mandiant supplies cybersecurity consulting services, specialising in incident response, and other cybersecurity products. Google supplies software and (...)

Consultation begins on Dye & Durham’s proposed divestiture offer for Link acquisition* The ACCC is seeking views on a proposed court-enforceable undertaking offered by Dye & Durham Corporation (D&D) in relation to its proposed acquisition of Link Administration Holdings (ASX:LNK). (...)

Telstra undertakes to address 5G competition concerns* The ACCC has accepted a court-enforceable undertaking from Telstra to address competition concerns about Telstra’s registration of radiocommunications sites in low band spectrum that interfered with Optus’ plans to roll out its 5G network (...)

Telstra’s proposed acquisition of majority stake in Fetch TV not opposed* The ACCC will not oppose the proposed acquisition of 51.4% of Media Innovations Holdings Pty Ltd (Fetch TV) by Telstra Corporation Ltd (ASX:TLS). Telstra and Fetch TV both supply content aggregation services through (...)

Aurizon’s proposed acquisition of One Rail not opposed, subject to divestiture* The ACCC will not oppose the proposed acquisition of One Rail by Aurizon (ASX: AZJ), after accepting a court-enforceable undertaking from Aurizon to divest One Rail’s east coast business. “Without the divestment of (...)

Proposal to allow Telstra and NBN Co to amend broadband agreements* The ACCC has issued a draft determination proposing to authorise Telstra and NBN Co and their related entities to amend agreements that they entered into from 2011 and 2014 which facilitated the rollout of the national (...)

ACCC proposes to authorise Virgin Australia’s codeshare arrangements* The ACCC has issued a draft determination, proposing to grant authorisation for Virgin Australia to enter into codeshare pricing arrangements with its international airline partners for 5 years. Under the arrangements, (...)

Interim authorisation for energy industry co-operation to address crisis* The ACCC has granted interim authorisation for a range of measures allowing participants in the gas and electricity markets to work together to support Australia’s energy supply and systems during the current crisis. An (...)

Liverpool Partners’ proposed acquisition of Genea not opposed* The ACCC will not oppose the proposed acquisition of Genea Limited (Genea) by Liverpool Partners Pty Ltd (LVP). LVP recently acquired Adora Fertility Pty Ltd on 1 June 2022. Adora and Genea both supply fertility services including (...)

Dye & Durham’s proposed acquisition of Link raises preliminary competition concerns* The ACCC has outlined significant preliminary competition concerns with Dye & Durham’s (D&D) proposed acquisition of Link Administration Holdings (ASX:LNK) in a statement of issues published today. (...)

Opus’ acquisition of Ovato book printing business not opposed* The ACCC will not oppose Opus Group Pty Ltd’s (Opus) proposed acquisition of Ovato Limited’s (Ovato) (ASX: OVT) book printing business. As part of the proposed transaction, separately, Ovato would issue a convertible note to Opus, (...)

ACCC consults on Aurizon’s proposed One Rail acquisition and divestiture* The ACCC has outlined preliminary competition concerns with Aurizon’s (ASX: AZJ) proposed acquisition of One Rail in a statement of issues published today. The ACCC is seeking public comment on whether these concerns (...)

ACCC focused on competition issues with shift to digital payments* Competition in payments markets, investigating allegations of anti-competitive conduct, and protecting the interests of consumers will be the focus of the ACCC’s financial services enforcement and policy work over the next year, (...)

Mastercard in court for alleged misuse of market power over card payments* The ACCC has instituted proceedings in the Federal Court against Mastercard Asia/Pacific Pte Ltd and Mastercard Asia/Pacific (Australia) Pty Ltd (together, Mastercard), for allegedly engaging in conduct with the purpose (...)

Chicken meat processors address potential unfair contract terms* Some of Australia’s largest chicken meat processors have agreed to change certain terms in their current contracts with chicken growers, following an investigation by the ACCC into the use of unfair contract terms in the industry. (...)

Pact Group’s acquisition of Synergy Packaging not opposed* The ACCC will not oppose the proposed acquisition of Synergy Packaging Pty Ltd by Pact Group Holdings Ltd (ASX:PGH). Both Pact and Synergy manufacture and supply non-beverage rigid PET plastic containers. “Our investigation concluded (...)

Culligan’s proposed acquisition of Waterlogic not opposed subject to divestiture* The ACCC will not oppose the proposed acquisition of Waterlogic Group Holdings Limited (Waterlogic) by the Culligan Group (Culligan), after accepting a court-enforceable undertaking from Culligan’s parent company, (...)

Concerning issues for consumers and sellers on online marketplaces An ACCC report examining general online retail marketplaces, such as Amazon Australia, Catch, eBay Australia and Kogan, has highlighted a range of concerns about how they operate as well as the significant benefits they provide (...)

THL’s proposed acquisition of Apollo raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with THL’s proposed acquisition of Apollo (ASX: ATL) in a statement of issues published today. THL and Apollo are tourism companies, headquartered in New Zealand (...)

Petrol retailers starting to pass through fuel excise cut* ACCC monitoring of petrol prices has found significant falls in retail prices in the major capital cities a week after the cut in fuel excise came into effect. The fuel excise cut, announced in last week’s Federal Budget, is being (...)

Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing* The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol (...)

EBOS’ proposed acquisition of Pacific Health Group not opposed* The ACCC will not oppose the proposed acquisition of Australian Pacific Health Supplies TopCo1 Pty Limited and its subsidiaries (Pacific Health Group) by EBOS Group Limited (ASX: EBO), through its subsidiary EBOS Medical Devices (...)

ACCC not satisfied of claimed benefits from proposed settlement between pharmaceutical companies* The ACCC proposes to deny authorisation for the provisions of a settlement and licence agreement between Celgene and generic drug companies, Juno and Natco. The companies are seeking authorisation (...)

ACCC to monitor effect of Qube’s acquisition of Newcastle Agri Terminal* The ACCC has decided it will not pursue enforcement action in relation to Qube’s (ASX:QUB) completed acquisition of Newcastle Agri Terminal (NAT) at this time. However, the ACCC remains concerned with potential impacts on (...)

ACCC takes action over alleged misleading conduct by Meta for publishing scam celebrity crypto ads on Facebook* The ACCC has instituted Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (together: Meta) alleging that they engaged in (...)

Agencies form Digital Platform Regulators Forum* The ACCC, Australian Communications and Media Authority, Office of the Australian Information Commissioner, and Office of the eSafety Commissioner have together formed the Digital Platform Regulators Forum. “The new Digital Platform Regulators (...)

Speedway Australia undertakes to address competition concerns involving sprintcar tracks* The ACCC has accepted a court-enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia, after the ACCC raised competition concerns relating to speedway racing in Victoria. The (...)

CTM’s proposed acquisition of Helloworld Corporate not opposed* The ACCC will not oppose the proposed acquisition of Helloworld Travel Limited’s (ASX: HLO) corporate travel management division (Helloworld Corporate) by Corporate Travel Management Limited, known as CTM (ASX: CTD). CTM and (...)

Feedback sought on potential new rules for large digital platforms* The ACCC is seeking views from consumers, businesses and other parties on options for legislative reform to address concerns about the dominance of digital platforms. A discussion paper, released today, outlines options for (...)

ACCC examines competition impact of past mergers* The ACCC has released a report detailing the findings arising from reviews of six mergers which occurred between 2017 and 2019, that were not opposed by the ACCC. Reviews of past merger decisions (often referred to as ‘ex post’ merger reviews) (...)

ACCC consults on divestiture proposal for Cargotec, Konecranes merger* The ACCC is seeking views on court enforceable undertakings proposed by each of Cargotec and Konecranes in relation to their proposed merger. The proposed undertakings in Australia are based on similar remedies Cargotec (...)

Five Eyes competition authorities to focus on collusion in international trade* Global efforts to prevent anti-competitive conduct from occurring in the supply and distribution of goods will be boosted by a new working group announced today between the ACCC, US Department of Justice and (...)

Tribunal denies authorisation for collective bargaining at Port of Newcastle* The Australian Competition Tribunal has today denied authorisation for the NSW Minerals Council and ten mining companies to collectively negotiate the terms and conditions, including price, of access to the Port of (...)

Zoetis’ proposed acquisition of Jurox raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with Zoetis’ proposed acquisition of Jurox in a statement of issues published today. Zoetis and Jurox develop, manufacture, and sell animal health products that (...)

Aviation Training Partners’ proposed acquisition of Ansett Aviation Training not opposed* The ACCC will not oppose the proposed acquisition of Aviation Training Holdings Pty Ltd (trading as Ansett Aviation Training (AAT)) by Aviation Training Partners (ATP). AAT is a global provider of flight (...)

ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

Wesfarmers’ proposed acquisition of API not opposed* The ACCC will not oppose the proposed acquisition of Australian Pharmaceutical Industries (ASX: API) by Wesfarmers (ASX: WES). API is a retailer and wholesaler of pharmaceutical and beauty & personal care products. It owns the Priceline (...)

CDPP withdraws charges in bank criminal cartel case* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn charges against Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG and four senior banking executives in relation to criminal cartel (...)

Update on action on rapid antigen test pricing* The ACCC is continuing to receive a high number of consumer reports about pricing and selling practices relating to rapid antigen tests in Australia and is investigating several potential Australian Consumer Law breaches. The ACCC has received (...)

Mereenie gas field joint venture allowed to jointly market gas* The ACCC has today issued a determination allowing joint marketing arrangements between the four owners of the Mereenie gas field in the Northern Territory. It is located in the Amadeus Basin, approximately 250 km west of Alice (...)

Media Statement on pricing of rapid antigen tests* The ACCC is aware of the significant public concern about the pricing of rapid antigen tests and is contacting suppliers and monitoring the situation very closely. The ACCC will be examining claims that the current pricing levels of rapid (...)

Industry allowed to collaborate on AdBlue supply arrangements* The ACCC has granted an urgent interim authorisation permitting manufacturers and other industry stakeholders to collaborate on arrangements for the supply of the diesel exhaust fluid, known as ‘AdBlue’ that is used in most modern (...)

Veolia’s proposed acquisition of Suez not opposed, subject to divestitures* The ACCC will not oppose the proposed acquisition of Suez by Veolia after accepting three court-enforceable divestiture undertakings from Veolia. With these divestitures, and the sale of certain assets to Cleanaway, the (...)

Virtus abandons proposed acquisition of Adora* The ACCC is likely to seek to discontinue its proceedings in the Federal Court in relation to Virtus Health’s (Virtus) proposed acquisition of Adora Fertility (Adora) from Healius, after Virtus announced today that it has decided not to proceed (...)

Woodside’s proposed acquisition of BHP Petroleum not opposed* The ACCC will not oppose Woodside Petroleum Limited’s (ASX: WPL) proposed acquisition of BHP Petroleum International Pty Ltd, a wholly owned subsidiary of BHP (ASX: BHP). Woodside and BHP Petroleum supply domestic natural gas in (...)

Amazon’s proposed acquisition of MGM not opposed* The ACCC will not oppose the proposed acquisition of MGM by Amazon, after an investigation that concluded the transaction was unlikely to substantially lessen competition in any market in Australia. Amazon operates a range of businesses in (...)

Sydney Aviation Alliance’s proposed acquisition of Sydney Airport not opposed* The ACCC will not oppose Sydney Aviation Alliance’s proposed acquisition of Sydney Airport (ASX: SYD). Sydney Aviation Alliance is a consortium of investment funds which each have investments in a range of (...)

Consumers to benefit from increased competition on busiest airline routes* Millions of Australians are set to benefit from increased competition and cheaper airfares on Australia’s busiest routes as state and territory borders reopen and the domestic airline industry prepares for a peak summer (...)

JBS’ proposed acquisition of Rivalea not opposed* The ACCC will not oppose JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) finding that the transaction is not likely to substantially lessen competition. JBS (...)

Techtronic in court for alleged resale price maintenance over power tools* The ACCC has instituted Federal Court proceedings against Techtronic Industries Australia Pty Limited (Techtronic), alleging it engaged in resale price maintenance in relation to the wholesale supply of Milwaukee brand (...)

ACCC will not oppose Turnitin’s proposed acquisition of Ouriginal* The ACCC will not oppose the proposed acquisition of Ouriginal Group AB (Ouriginal) by Turnitin LLC, via Turnitin UK Ltd. (Turnitin). Turnitin and Ouriginal are international providers of anti-plagiarism software, overlapping (...)

NAB’s proposed acquisition of Citi’s Australian consumer business not opposed* The ACCC will not oppose the proposed acquisition of Citigroup Australia Pty Limited’s Australian consumer business (Citi) by National Australia Bank Limited (ASX: NAB) after a review found the transaction would not (...)

Mereenie gas joint marketing to be allowed under ACCC draft determination* The ACCC has issued a draft determination to allow joint marketing arrangements for natural gas produced from the Northern Territory’s Mereenie gas field. The Mereenie oil and gas field is located in the Amadeus Basin, (...)

ACCC will not oppose Meta’s proposed acquisition of Kustomer* The ACCC will not oppose the proposed acquisition of Kustomer by Meta, formerly known as Facebook Inc. Kustomer is a small customer relationship management (CRM) software-as-a-service provider based in the USA that focuses on (...)

Pharmaceutical ingredient company pleads guilty to criminal cartel charges* Alkaloids of Australia Pty Ltd, a company which produces a pharmaceutical ingredient used in anti-spasmodic medication, has today pleaded guilty to criminal cartel conduct in Sydney’s Downing Centre Local Court. (...)

Warning on cartel conduct risk in public sector tenders* The ACCC is warning public sector agencies to be alert to the potential for collusion between bidders during procurement processes, following a recent ACCC investigation where departmental processes contemplated cooperation by competing (...)

Commercial Radio Australia to collectively bargain with Google and Facebook* Commercial Radio Australia (CRA) can collectively negotiate with Facebook and Google over payment for their member stations’ news content featured on the platforms following an ACCC authorisation. The ACCC’s final (...)

Cargotec and Konecranes merger raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns in relation to a proposed merger between container handling equipment companies Cargotec and Konecranes, in a statement of issues published today. In Australia, (...)

Benefits from more competition in internet search* Measures addressing Google’s dominance in search engine services, including a choice screen that provides consumers with a selection of search engines, should be introduced in Australia, as set out in the ACCC’s third Digital Platform Services (...)

Former export manager of pharmaceutical ingredient company pleads guilty to criminal cartel charges* Christopher Kenneth Joyce, the former export manager of pharmaceutical ingredient company Alkaloids of Australia Pty Ltd, has today pleaded guilty to criminal cartel conduct in Sydney’s Downing (...)

ACCC takes action against alleged roof tiling cartel participants* The ACCC has instituted civil proceedings in the Federal Court against two Sydney roof tiling businesses, First Class Slate Roofing (First Class) and RAD Roofing Specialists (trading as Mr. Shingles), and their sole directors, (...)

Competition in Australia faces big challenges* Significant challenges facing competition law and policy need to be confronted and solved if our market economy is to work for all Australians, ACCC Chair Rod Sims said today. Innovation, productivity and the welfare of Australians depends on (...)

ACCC seeks urgent injunction to halt Virtus acquiring Adora fertility clinics* The ACCC has filed proceedings in the Federal Court seeking an urgent injunction to stop the proposed completion of Virtus Health’s acquisition of Adora Fertility from Healius Limited. Virtus and Adora are leading (...)

Microsoft’s proposed acquisition of Nuance not opposed* The ACCC will not oppose the proposed acquisition of Nuance Inc. by Microsoft Corporation. Nuance supplies speech recognition and transcription software primarily to the healthcare market, as well as customer engagement software that (...)

ACCC investigates Qube’s completed acquisition of Newcastle Agri Terminal* The ACCC will conduct an investigation into potential competition issues arising from Qube’s (ASX: QUB) completed acquisition of the Newcastle Agri Terminal. As the investigation relates to a completed acquisition it will (...)

COVID restrictions bring domestic airline industry to a standstill* Travel restrictions as a result of the recent COVID-19 Delta outbreaks have brought the majority of domestic flying to a stop and delivered a significant blow to the local airline industry, the ACCC’s latest Airline Competition (...)

Google’s dominance in ad tech supply chain harms businesses and consumers* An ACCC inquiry into the advertising technology (or ‘ad tech’) sector has identified significant competition concerns and likely harms to publishers, advertisers, and, ultimately, consumers. The report, published today, (...)

Honeysuckle Health, nib buying group authorised with condition* The ACCC has authorised Honeysuckle Health and nib Health Funds (ASX: NHF) to form and operate a health services buying group. The authorisation has been granted with a condition that major insurers Medibank, Bupa, HCF and HBF in (...)

JBS’ proposed acquisition of Rivalea raises preliminary competition concerns* The ACCC has outlined its preliminary competition concerns about JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) in a statement of (...)

Medicine wholesalers to continue to co-operate on COVID-19 response* The ACCC has granted interim authorization to medicine wholesalers to continue to co-operate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues. The new (...)

ACCC finds Qantas and Japan Airlines alliance not in the public interest* The ACCC has denied authorisation for Qantas (ASX:QAN) and Japan Airlines to coordinate flights between Australia and Japan under the terms of a joint business agreement. The ACCC found that the agreement would likely (...)

ACCC proposes to authorise Commercial Radio Australia to collectively bargain with Google and Facebook* The ACCC has issued a draft determination proposing to authorise Commercial Radio Australia (CRA) to collectively negotiate with Facebook and Google over payment for their member stations’ (...)

ACCC authorises payment systems merger after undertaking* The ACCC has authorised the proposed merger of BPAY Group Holding Pty Ltd and its subsidiaries (together, BPAY), eftpos Payments Australia Ltd (eftpos) and NPP Australia Ltd (NPPA), after accepting a court-enforceable undertaking (...)

Preliminary concerns about anti-plagiarism software merger* The ACCC has preliminary competition concerns with Turnitin’s proposed acquisition of Ouriginal. Turnitin and Ouriginal are international providers of anti-plagiarism software, primarily overlapping in the supply of this software to (...)

Bathroomware brand Nero admits to likely resale price maintenance* Bathroomware brand, Nero Bathrooms International Pty Ltd, trading as Nero Tapware, has admitted it was likely to have engaged in resale price maintenance by withholding supply of its products from a small independent building (...)

ACCC seeks insights on interstate rail network regulation* The way that Australia’s interstate rail network is regulated is under review and the ACCC has today released an issues paper calling for input from businesses that rely on the network. The interstate rail network runs across five (...)

Platforms’ dominance of apps market needs to be addressed* New rules and regulations may be needed in addition to enforcement action by competition regulators worldwide to rectify concerns about the dominance of Apple and Google in app marketplaces, ACCC Chair Rod Sims said today. In a speech (...)

Criminal cartel charges against CFMMEU and Jason O’Mara withdrawn* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn criminal cartel charges against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its ACT Divisional Branch Secretary Mr Jason (...)

Views sought on proposed undertaking for BPAY, eftpos and NPP merger* The ACCC is seeking views on a court enforceable undertaking which has been offered by Industry Committee Administration Pty Ltd (ICA), the company representing three Australian payment services providers seeking to merge. (...)

Country Press Australia can collectively bargain with Google and Facebook* The ACCC has authorised Country Press Australia (CPA) and its members to collectively negotiate with Google and Facebook about payments for their news content published on the platforms. CPA is an industry body (...)

Are Media’s acquisition of Ovato Retail Distribution not opposed* The ACCC will not oppose the proposed acquisition of Ovato Retail Distribution (ORD) by Are Media. Are Media is Australia’s largest magazine publisher and publishes titles such as The Australian Women’s Weekly, New Idea and (...)

Aon withdraws clearance request for WTW merger* Aon plc (Aon) has withdrawn its request for merger clearance by the ACCC of its proposed acquisition of Willis Towers Watson plc (WTW), having decided to terminate their proposed merger. Aon and WTW are two of the three largest providers of (...)

ACCC appeals in NSW Ports competition case* The ACCC has lodged an appeal against the Federal Court’s decision to dismiss the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together, NSW (...)

Competition, consumer issues in general online marketplaces to be examined* The ACCC is examining competition and consumer concerns with general online retail marketplaces such as eBay Australia, Amazon Australia, Kogan and Catch.com.au as part of its inquiry into digital platform services in (...)

Court dismisses ACCC case against NSW Ports* The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports). The proceedings concerned agreements, (...)

Dye & Durham’s acquisition of GlobalX not opposed* The ACCC will not oppose the proposed acquisition of GlobalX Information Pty Ltd (GlobalX) by Dye & Durham Corporation (Dye & Durham), finding the transaction will not substantially lessen competition. Dye & Durham and GlobalX (...)

ACCC will not oppose Woolworths acquiring 65% share of PFD* The ACCC will not oppose Woolworths’ (ASX: WOW) acquisition of 65 per cent of the shares in wholesale food distributor PFD Food Services, following a detailed investigation that found the transaction is not likely to substantially (...)

Collective bargaining by small business facilitated by class exemption* From today, small businesses, franchisees and fuel retailers can use the ACCC’s class exemption for collective bargaining. This class exemption, which is the first made by the ACCC, will allow collective negotiation without (...)

Country Care, CEO and former employee acquitted of criminal cartel offences* A jury in the Federal Court today acquitted rehabilitation aids company The Country Care Group Pty Ltd, its CEO Robert Hogan and a former employee Cameron Harrison of eight criminal cartel offences. The charges (...)

ACCC proposes to authorise Honeysuckle Health and nib buying group* The ACCC has issued a draft determination proposing to authorise Honeysuckle Health and nib health funds (ASX: NHF) to form and operate a health services buying group for five years. The proposed authorisation will include a (...)

Salesforce and Slack deal not opposed* The ACCC will not oppose the proposed acquisition of Slack Technologies, Inc. (Slack) by salesforce.com, inc. (Salesforce). Salesforce is a global supplier of customer relationship management (CRM) software. Slack is an enterprise collaboration (...)

Vali gas joint venture participants granted authorisation for joint marketing* The ACCC has granted authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)

ACCC takes action over alleged attempted cartel for National Gallery of Australia tender* The ACCC has instituted civil proceedings in the Federal Court against Delta Building Automation Pty Ltd (Delta) and its sole director, Timothy Davis, for involvement in an alleged attempt to rig a bid in (...)

TasPorts declared to have misused its market power* The Federal Court has declared by consent that Tasmanian Ports Corporation Pty Ltd engaged in conduct that had the likely effect of substantially lessening competition in the markets for towage and pilotage services in northern Tasmania, in (...)

Country Press Australia members can collectively bargain with Google and Facebook* The ACCC has granted interim authorisation for Country Press Australia (CPA) members to collectively negotiate with Facebook and Google over payments to publishers for their news content that appears on the (...)

Garuda drops appeal, to pay $19m price fixing penalty in instalments* The Federal Court has approved a payment plan for airline PT Garuda Indonesia Ltd (Garuda) to pay a $19 million penalty the Court previously ordered relating to a long-running ACCC action against a global price fixing cartel (...)

Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

Landmark joint statement on merger control enforcement from ACCC, UK’s CMA and Germany’s Bundeskartellamt* The ACCC, the UK’s Competition and Markets Authority and Germany’s Bundeskartellamt have today issued a joint statement highlighting the importance of rigorous and effective merger (...)

MYOB’s acquisition of GreatSoft not opposed* The ACCC will not oppose MYOB Invest Co Pty Ltd’s acquisition of GreatSoft Pty Ltd, finding the transaction is not likely to substantially lessen competition. MYOB and GreatSoft both supply practice management software to medium-to-large accounting (...)

Competition exemptions in the time of COVID-19* In a six week period from mid-March 2020, the ACCC received 33 applications for authorisation of competitor collaborations to deal with disruption and risks arising from the COVID-19 pandemic. In response to this unprecedented number of urgent (...)

NAB’s acquisition of 86 400 not opposed* The ACCC will not oppose the proposed acquisition of 86 400 Holdings Ltd (86 400) by National Australia Bank Limited (ASX: NAB). 86 400 launched in 2019 and is a digital only bank, delivering its services through a smartphone application. “Innovative (...)

ACCC re-authorises Qantas-American Airlines alliance* The ACCC has re-authorised the alliance between Qantas Airways Limited (ASX: QAN) and American Airlines Inc for a further five years. The alliance enables Qantas (and Jetstar) to cooperate with American Airlines on Trans-Pacific routes (...)

FE Sports to pay $350,000 penalty for resale price maintenance* The Federal Court has ordered wholesale distributor B & K Holdings (QLD) Pty Ltd, trading as FE Sports, to pay a $350,000 penalty after it declared by consent that FE Sports engaged in resale price maintenance in relation to (...)

ACCC authorises Queensland Dairyfarmers’ Organisation to implement ’Fair Go Dairy’ licensing scheme* The ACCC has authorised the Queensland Dairyfarmers’ Organisation Limited (QDO) to give effect to its proposed ‘Fair Go Dairy’ licensing scheme for five years. Under the scheme, QDO will grant (...)

Feedback sought on choice and competition in internet search and web browsers* The ACCC is seeking submissions from consumers and industry participants about choice screens, which give users a choice of internet search services on mobiles and tablets, rather than a pre-selected search service, (...)

Visa undertakes to address competition concerns over debit card payments* The ACCC has accepted a court-enforceable undertaking from Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, Visa) in relation to concerns that Visa may have limited competition in relation to debit (...)

Petrol prices ended bumpy year slightly lower as demand rebounded* Petrol prices in Australia’s five largest cities stabilised at the end of 2020 after an unpredictable year and petrol sales volumes continued to recover from their earlier pandemic-driven slump. That’s according to the ACCC’s (...)

ACCC proposes to re-authorise Qantas-American Airlines alliance* The ACCC is proposing to re-authorise the alliance between Qantas Airways Limited (ASX: QAN) and American Airlines Inc. for a further five years. The alliance enables Qantas (and Jetstar) to cooperate with American Airlines on (...)

ACCC’s 2021 enforcement and compliance priorities* Sales practices in Australia’s domestic travel sector, competition in aviation and the conduct of some caravan manufacturers will be among the ACCC’s compliance and enforcement priorities during 2021, ACCC Chair Rod Sims announced today. In his (...)

Preliminary competition concerns over Aon’s proposed merger of Willis Towers Watson* The ACCC has preliminary competition concerns with Aon plc’s (Aon) proposed merger with Willis Towers Watson plc (WTW). Aon and WTW are two of the three largest providers of commercial risk, reinsurance and (...)

Preliminary competition concerns over MYOB’s GreatSoft acquisition* The ACCC has outlined preliminary competition concerns that MYOB’s proposed acquisition of GreatSoft could substantially lessen competition in the accounting software market. MYOB and GreatSoft both supply practice management (...)

Shipping cartel fines now total $83.5 million after WWO conviction* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has been convicted of criminal cartel conduct and ordered by the Federal Court to pay a fine of $24 million, in a case prosecuted by the Commonwealth (...)

Vali joint venture granted interim authorisation for gas marketing arrangements* The ACCC has granted interim authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd to enter into joint marketing arrangements. Vintage, Metgasco and (...)

Lack of competition in ad tech affecting publishers, advertisers and consumers* A lack of competition and transparency in the digital advertising technology supply chain is impacting publishers, advertisers and consumers and needs to be addressed, according to the interim report for the ACCC’s (...)

ACCC rejects Google behavioural undertakings for Fitbit acquisition* The ACCC has announced that it will not accept a long-term behavioural undertaking offered by Google that sought to address competition concerns about its proposed acquisition of wearables supplier and manufacturer Fitbit. (...)

ACCC proposes to authorise ’Fair Go Dairy’ licensing scheme* The ACCC is proposing to authorise the Queensland Dairyfarmers’ Organisation Limited’s (QDO) Fair Go Dairy licensing scheme for five years. Under the scheme, QDO will grant processors a licence to use the ‘Fair Go Dairy’ logo on (...)

Mitsubishi’s 10-year conditional warranty allowed to stand* The ACCC does not object to an exclusive dealing notification lodged by Mitsubishi Motors Australia Limited (Mitsubishi) relating to its new 10-year or 200,000 km extended warranty. The warranty is conditional on the vehicle being (...)

BGC’s proposed acquisition of Midland Brick not opposed* The ACCC will not oppose BGC’s proposed acquisition of Midland Brick. BGC and Midland Brick both manufacture and supply clay bricks in Western Australia, along with other clay and masonry building products. BGC is also a residential and (...)

ACCC alleges Facebook misled consumers when promoting app to ’protect’ users’ data* The ACCC has instituted proceedings in the Federal Court against Facebook, Inc. and two of its subsidiaries for false, misleading or deceptive conduct when promoting Facebook’s Onavo Protect mobile app to (...)

Preliminary competition concerns over Woolworths’ PFD acquisition* The ACCC has outlined preliminary competition concerns with Woolworths’ (ASX: WOW) proposal to acquire 65 per cent of PFD Food Services. PFD is a wholesale food distributor, purchasing a wide range of food products from (...)

IOOF’s acquisition of MLC Wealth Management not opposed* The ACCC will not oppose IOOF’s (ASX:IFL) proposed acquisition of MLC Wealth Management, owned by National Australia Bank (ASX:NAB). IOOF and MLC both supply wealth management solutions in Australia. They compete in the supply of retail (...)

New fair trading law needed to enhance Australia’s perishable agricultural markets* Australia’s perishable agricultural goods markets need a new fair trading law to address harmful practices arising from bargaining power imbalances that are not covered by current laws, the ACCC has found. The (...)

ANZ, Citigroup and Deutsche Bank committed for trial in Federal Court on criminal cartel charges* Australia and New Zealand Banking Group Ltd (ANZ), Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG (Deutsche Bank) and six senior banking executives have today all (...)

ACCC’s Pacific National appeal will not be heard by the High Court* The High Court of Australia has today dismissed the ACCC’s application for special leave to appeal from the Full Federal Court’s decision that Pacific National’s acquisition of the Acacia Ridge terminal from Aurizon (ASX: AZJ) (...)

Court action against Hutchinson and CFMMEU over alleged boycott* The ACCC has instituted Federal Court civil proceedings against construction company J Hutchinson Pty Ltd (Hutchinson) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) over alleged boycott conduct at a (...)

Criminal cartel charges laid against pharmaceutical ingredient company and its former export manager.* Alkaloids of Australia Pty Ltd and its former export manager, Christopher Kenneth Joyce, have each been charged with 33 criminal cartel offences, contrary to the Competition and Consumer Act (...)

Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...)

Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...)

Virgin Australia and Alliance Airlines authorised to cooperate to support regional airline services* The ACCC has today granted interim authorisation to Virgin Australia and Alliance Airlines allowing them to cooperate on 41 regional routes and two short-haul international routes. The ACCC’s (...)

Global focus on competition and digital platforms* The ACCC is closely watching global anti-trust efforts focusing on major digital platforms, including the US Department of Justice’s recent case against Google and proposed new competition laws in Europe, ACCC Chair Rod Sims said today. In his (...)

ACCC to investigate the acquisition of iSelect shares by Compare the Market’s owners* The ACCC is investigating acquisitions by Innovation Holdings Australia Pty Ltd. that would provide it with approximately 35 per cent of the shares of iSelect Limited (ASX: ISU). Innovation Holdings (through (...)

South Pacific Laundry withdraws bid for Spotless Laundries* South Pacific Laundry (SPL) has withdrawn its request for merger clearance of its proposed acquisition of Spotless Laundries after it decided not to proceed with the transaction. Spotless Laundries is part of Spotless Group Holdings (...)

Surge in online messaging use as big digital platforms continue to expand* Australians are increasingly turning to online private messaging services to keep in touch with each other, and are overwhelmingly choosing services provided by Facebook and Apple. The ACCC’s first Digital Platform (...)

Prices for regulated transmission services set to fall* The price of wholesale transmission services in many regional and rural parts of Australia will fall substantially following the ACCC’s decision to reduce the regulated prices for the declared Domestic Transmission Capacity Service (DTCS). (...)

Alsco withdraws bid for Spotless Garments* Alsco Pty Ltd has withdrawn its request for informal merger clearance by the ACCC of its proposed acquisition of Spotless Laundries’ garment laundering business (Spotless Garments). Spotless Garments is part of Spotless Group Holdings Limited which is (...)

Class exemption will enable small businesses to collectively bargain* An ACCC class exemption due to commence in early 2021 will allow small businesses, franchisees and fuel retailers to collectively negotiate with their suppliers and processors, franchisor or fuel wholesaler respectively, (...)

Fuji Xerox in court over alleged unfair contract terms* The ACCC has instituted proceedings in the Federal Court against printing company Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), alleging that in total nine types of Fuji’s standard form small business contracts (...)

Action over alleged market sharing cartel in the overhead crane industry* The ACCC has today commenced civil proceedings in the Federal Court against overhead crane company NQCranes Pty Ltd, alleging it engaged in cartel conduct in contravention of the Competition and Consumer Act. The ACCC (...)

FE Sports allegedly engaged in resale price maintenance* The ACCC has instituted proceedings in the Federal Court against B & K Holdings (QLD) Pty Ltd, trading as FE Sports, alleging that it engaged in resale price maintenance for the wholesale supply of cycling and sporting products in (...)

Alsco’s Spotless Garments acquisition raises preliminary competition concerns* The ACCC has preliminary competition concerns about the proposed acquisition by Alsco Pty Ltd of Spotless Laundries’ garment laundering business (Spotless Garments), which is part of Spotless Group Holdings Limited. (...)

ACCC proposes exemption for two Viterra grain port terminals* The ACCC has today released draft determinations proposing to exempt the services provided by grain handler Viterra at its Port Adelaide Inner Harbour and Outer Harbor facilities from parts of the Port Terminal Access (Bulk Wheat) (...)

London Stock Exchange Group’s acquisition of Refinitiv not opposed* The ACCC will not oppose the proposed acquisition of Refinitiv Parent Limited (Refinitiv) by the London Stock Exchange Group plc (LSEG). LSEG and Refinitiv are global companies supplying financial markets infrastructure (...)

Consumer Data Right Rules amended to include intermediaries* The ACCC has amended the Consumer Data Right Rules to permit accredited intermediaries to collect data on behalf of third party data recipients, with consumer consent. These amended rules mean accredited businesses can now ask other (...)

Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of trade (...)

Airline competition critical for consumers and economy* The ACCC’s Airline Competition in Australia reportreleased today explores the significant impact of COVID-19 on the sector and outlines the approach the ACCC will take to protecting competition. The report is the first under the Federal (...)

Energy industry cooperation authorised with strict conditions* The Australian Energy Market Operator (AEMO) and participants in gas and electricity markets have been authorised to cooperate on measures to secure Australia’s energy supplies during the COVID-19 pandemic. The authorisation (...)

Divestments overcome strong competition concerns with pharmaceutical merger* The ACCC will not oppose Mylan NV’s proposed merger with Pfizer’s Upjohn Inc division, after Mylan and Upjohn offered a court-enforceable undertaking to divest three off-patent branded pharmaceuticals in response to the (...)

Oil companies authorised to cooperate to secure fuel supplies during COVID-19* The Australian Institute of Petroleum (AIP) and major oil refiners have been granted authorisation by the ACCC to continue cooperating on measures to improve the security of fuel supplies during the COVID-19 (...)

Mobile apps market under scrutiny* The ACCC will be examining the experiences of Australian consumers, developers, suppliers and others in a new report scrutinising mobile app stores. Issues to be examined include the use and sharing of data by apps, the extent of competition between Google (...)

Voluntary battery stewardship scheme granted authorisation* The Battery Stewardship Council (BSC) will be able to establish and operate a national scheme for managing expired batteries under an authorisation granted by the ACCC. BSC was formed in 2018 with the primary goal of establishing a (...)

Supermarkets authorised to continue cooperating on COVID-19 response* Supermarket operators will be allowed to continue cooperating to ensure supply of food and groceries in response to the COVID-19 pandemic, under an ACCC authorisation granted today. Coles, Woolworths, Metcash, Aldi, and (...)

Competition agencies to coordinate on cross-border investigations* Competition agencies from five countries including Australia will share intelligence, case theories and investigative techniques to better coordinate investigations across international borders, thanks to a new cooperation (...)

Ex BlueScope GM Jason Ellis pleads guilty to obstructing cartel investigation* Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), has today entered a guilty plea in Sydney’s Downing Centre Local Court to one charge of inciting the obstruction of (...)

South Pacific Laundry’s proposed acquisition of Spotless Laundries raises preliminary competition concerns* The ACCC has identified potential competition concerns with South Pacific Laundry (SPL)’s proposed acquisition of Spotless Laundries, which is part of Spotless Group Holdings Limited. (...)

Coal producers allowed to collectively bargain with Port of Newcastle Operations* The NSW Minerals Council and ten coal producers will be allowed to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other minerals, (...)

New inquiry to focus on perishable agricultural supply chains* The ACCC will today commence a new three-month inquiry into bargaining power in supply chains for perishable agricultural products in Australia. The inquiry, initiated by the Treasurer Josh Frydenberg and the Agriculture Minister (...)

Tipping point for affordability in energy markets* Australia has a unique opportunity to restore energy affordability, according to ACCC Chair Rod Sims. Mr Sims was speaking via video about the opportunities in the gas and electricity markets at the 2020 National Conference of the Energy (...)

Metcash’s acquisition of Total Tools majority stake not opposed* The ACCC will not oppose Metcash Limited’s (ASX:MTS) acquisition of a 70 per cent majority interest in Total Tools Holdings, the franchisor of the Total Tools network. Metcash is a wholesaler and retailer of hardware and home (...)

Alstom’s acquisition of Bombardier Transportation not opposed* The ACCC will not oppose Alstom SA’s (Alstom) acquisition of Bombardier Inc’s transportation business (Bombardier Transportation). Alstom and Bombardier Transportation are global rail businesses active in the Australian market. The (...)

Processors authorised to cooperate on Victorian chicken meat supply* Ingham’s Group and other chicken processors will be allowed to work together to reduce the impact of the COVID-19 pandemic and associated Victorian stage 4 restrictions on the chicken meat industry, under an urgent interim (...)

Mitolo’s acquisition of Thomas Foods International’s potato business not opposed* he ACCC will not oppose Mitolo’s proposed acquisition of Thomas Foods International’s (TFI) potato business. Mitolo and the TFI potato business grow potatoes and operate packing sheds in South Australia, and overlap (...)

ACCC proposes to continue to allow airlines to cooperate on regional routes* Regional Express Pty Ltd (Rex) will be allowed to continue to coordinate flight schedules with Qantas and Virgin Australia on 10 regional routes (the relevant routes) in response to the COVID-19 pandemic, under an (...)

ACCC proposes to allow supermarkets to continue cooperating on grocery supply* Supermarket operators will be able to continue working together until March 2021 to ensure the continued supply of food and groceries during the COVID-19 pandemic, under the ACCC’s draft determination. “The ACCC (...)

Private and public hospitals can continue cooperating on COVID-19* Private and public hospital operators, along with government health authorities in each Australian state and territory, will be able to continue working with each other in response to the COVID-19 pandemic, under the ACCC’s (...)

Elanco’s acquisition of Bayer’s animal health business not opposed* The ACCC will not oppose Elanco’s acquisition of Bayer AG’s animal health business, after Elanco provided a court-enforceable undertaking to divest four animal parasite treatment brands. The ACCC had concerns about the effect of (...)

ACCC to monitor competition in the domestic airline market* he ACCC welcomes today’s direction from the Australian Government to actively monitor and regularly report on the domestic air travel market, particularly in relation to its competitiveness. The aviation industry globally has been (...)

Coal producers to be authorised to collectively negotiate with Port of Newcastle* The ACCC proposes to allow the NSW Minerals Council and ten coal producers to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other (...)

Google’s purchase of Fitbit raises preliminary competition concerns* The ACCC has today outlined preliminary concerns with Google’s proposed acquisition of Fitbit, stating that Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and adversely (...)

Wallenius Wilhelmsen pleads guilty to criminal cartel conduct* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct. After an ACCC investigation, on 23 August 2019 the Commonwealth Director (...)

Caravanning Queensland’s proposed ‘loyalty program’ raises competition concerns* The ACCC proposes not to allow plans by Caravan Trade and Industries Association of Queensland (Caravanning Queensland) to offer a ‘loyalty program’ to its members. Under the program, Caravanning Queensland would (...)

Insurers to be authorised to continue relief measures for small businesses* The ACCC is proposing to allow insurance companies and brokers to continue coordination and implementation of temporary COVID-19 relief measures for certain small businesses. The authorisation will apply to Suncorp, (...)

Proposal to set minimum advertised prices for Dewalt power tools rejected* The ACCC has issued a final notice rejecting a proposal by Stanley Black & Decker to set a minimum advertised price for Dewalt brand power tools, accessories and attachments. The ACCC has assessed Stanley Black (...)

Investigation into Qantas’s stake in Alliance Airlines continues* The ACCC is continuing to investigate Qantas Airways’ (Qantas) (ASX:QAN) acquisition of a 19.9 per cent stake in Alliance Aviation (Alliance) (ASX:AQZ) during these uncertain times in the aviation industry. Qantas acquired a 19.9 (...)

Elanco proposes divestments of some animal health products in Bayer acquisition* The ACCC is seeking views on a divestment undertaking offered by Elanco in relation to its proposed acquisition of Bayer Aktiengesellschaft’s animal health business. The ACCC has preliminary competition concerns (...)

Interim authorisation for car rental companies revoked due to COVID-19* The ACCC has revoked an interim authorisation due to the change in market conditions caused by the COVID-19 pandemic. The ACCC granted the interim authorisation in February to five major car rental companies to jointly (...)

Federal Court dismisses ACCC appeal on PN Aurizon case* The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ). The ACCC (...)

Electricity and gas companies to co-operate on relief package* The ACCC has granted conditional interim authorisation to allow the Australian Energy Council and wholesale and retail energy businesses to co-operate to provide financial relief to residential and business customers who may be (...)

7-ELEVEN AND FRANCHISEES AUTHORISED TO CO-OPERATE ON STORE OPENING TIMES* 7-Eleven and its franchisees have been granted conditional interim authorisation to discuss potential temporary store closures or reduced trading hours in light of reduced customer demand because of COVID-19 (...)

TEMPORARY EXEMPTIONS UNDER CONSUMER DATA RIGHT* Three-month exemptions have been granted to financial services providers required to share product reference data by 1 July 2020, due to the impact of the COVID-19 pandemic. The temporary exemptions under the Consumer Data Right, until 1 (...)

MINING COMPANIES ALLOWED TO CO-OPERATE DURING COVID-19 PANDEMIC* Members of the Minerals Council of Australia (MCA) and other mining associations will be able to work together to manage critical services and supplies during the COVID 19 pandemic, after the ACCC granted interim authorisation (...)

PETROL RETAILERS SHOULD REDUCE THEIR PRICES IN LINE WITH FALLS IN INTERNATIONAL PETROL PRICES* Petrol retailers should not use the current pandemic to further increase profits, which the latest ACCC petrol industry report shows have risen in recent years, and should pass on the full benefit of (...)

RETAILERS GRANTED AUTHORISATION TO COLLECTIVELY NEGOTIATE WITH LANDLORDS* The ACCC has granted interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the COVID-19 pandemic. The interim authorisation, granted to the Australian Retailers (...)

EXPANDED CO-OPERATION FOR ENERGY SECTOR DURING PANDEMIC* The ACCC has granted new interim authorisation for an expanded range of measures allowing participants in the gas and electricity markets to work together to help safeguard Australia’s energy supply during the COVID-19 pandemic. On April (...)

PRIVATE AND PUBLIC HOSPITALS IN NT AND SA AUTHORISED TO COOPERATE ON COVID-19 RESPONSE* Private hospitals and health agencies in the Northern Territory and South Australia respectively will be able to cooperate in responding to the COVID-19 pandemic, following separate interim authorisations (...)

CO-ORDINATION ON LIFE INSURANCE FOR FRONTLINE WORKERS DURING PANDEMIC* The ACCC has granted interim authorisation allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to potential or actual exposure to COVID-19. The interim (...)

PRIVATE HEALTH INSURERS TO COOPERATE ON COVID-19 COVERAGE AND DEFERRAL OF PREMIUMS* Private health insurers have been granted conditional interim authorisation to co-ordinate on providing financial relief to policy holders during the COVID-19 pandemic, and broadening insurance coverage to (...)

Co-operation on funding to aid smaller lenders during COVID-19* The ACCC has granted interim authorisation for members of the Australian Securitisation Forum (ASF) to work together to assist smaller lenders to maintain liquidity and issue loans to consumers and small businesses during the (...)

Private and public hospitals to cooperate on COVID-19 in Victoria and Queensland* The ACCC has separately authorised private hospitals in Victoria and in Queensland to cooperate with their state health agencies, public hospitals and each other, as they prepare for and respond to the COVID-19 (...)

Shopping centres to co-operate to support retail tenants* Shopping centre owners and managers have been granted interim authorisation to discuss and implement rent relief measures for small to medium shopping centre tenants facing hardship because of the COVID-19 pandemic. This follows an (...)

Medicine manufacturers to coordinate on COVID-19 response* The ACCC has granted conditional interim authorisation for Medicines Australia (MA), the Generic and Biosimilar Medicines Association (GBMA) and their members to work together to support the continued supply of essential medicines (...)

Co-operation to support reliable energy sector authorised* The ACCC has granted interim authorisation to the Australian Energy Market Operator Limited (AEMO) to allow gas and electricity industry participants to co-operate on measures to ensure secure and reliable energy supply and integrity (...)

Oil companies allowed to co-operate to secure fuel supply during COVID-19 pandemic* Major oil refiners and the Australian Institute of Petroleum (AIP), the industry’s representative body, have been granted interim authorisation by the ACCC to discuss and put in place measures so fuel supplies (...)

Medicine wholesalers to co-operate on access to pharmaceutical products* Wholesalers of medicines will be able to co-operate to facilitate distribution of essential medication and pharmacy products after being granted interim authorisation by the ACCC. This follows an application by the (...)

Banks authorised to co-operate on loan relief and services* The ACCC has provided a second, conditional, interim authorisation for the Australian Banking Association (ABA) and banks to co-operate to provide supplementary relief packages for individuals and businesses affected by COVID-19. The (...)

COVID-19 pandemic - what it means for ACCC merger clearances, authorisations, notifications and CTMs* With the recent and increasing impact of the COVID-19 pandemic, the ACCC’s Merger & Authorisation Review Division will provide ongoing guidance regarding any changes in our operations (...)

ACCC response to COVID-19 pandemic* The ACCC is highly conscious of the impact COVID-19 is having on Australian consumers and businesses, and has adjusted the focus of its regulatory activities accordingly. Most businesses are facing severe disruption, particularly small businesses, and the (...)

Supermarkets to work together to ensure grocery supply* Supermarket operators will be able to coordinate immediately to ensure consumers have reliable and fair access to groceries during the COVID-19 pandemic following the ACCC’s granting of interim authorisation. The interim authorisation (...)

Australian Banking Association small business relief package* The ACCC has provided urgent interim authorisation to allow the Australian Banking Association (ABA) and banks to work together to implement a small business relief package. The package will allow for the deferral of principal and (...)

Mengniu deal to buy Lion Dairy & Drinks not opposed* The ACCC will not oppose the proposed acquisition of Lion Dairy & Drinks Pty Ltd (Lion D&D) by China Mengniu Dairy Company Ltd (Mengniu) after closely considering the potential impact on competition. Mengniu is proposing to (...)

Spicers’ Direct Paper acquisition not opposed* The ACCC will not oppose the proposed acquisition of Direct Paper by Spicers Limited, finding that alternative suppliers of commercial printing paper and direct supply arrangements between printers and paper mills will continue to provide strong (...)

ACCC commences inquiry into digital platforms* The Federal Government has today formally directed the ACCC to commence an inquiry into digital platform providers such as Facebook and Google. The ACCC’s inquiry will look at the effect that digital search engines, social media platforms and (...)

ACCC proposes to grant authorisation to owner drivers to collectively bargain with Toll* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to owner driver members of the Transport Workers’ Union in Queensland to engage in (...)

ACCC puts businesses on notice about Carbon Tax Price Reduction Obligation* Now that Parliament has repealed the carbon tax, the Australian Competition and Consumer Commission will have new powers to take action against businesses that supply regulated goods which fail to pass through all cost (...)

ACCC calls for comment on proposed acquisition of Supa IGA stores in WA by Coles* The Australian Competition and Consumer Commission has released a Statement of Issues outlining potential competition concerns with the proposed acquisition of four Progressive Supa IGA stores by Coles (...)

ACCC and ASIC revise guidelines for businesses and consumers about debt collection activities* The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have launched an updated version of their ‘Debt collection guideline: for (...)

ACCC calls for comment on Aquis’ proposed acquisition of the Reef Hotel Casino* The Australian Competition and Consumer Commission has released a Statement of Issues outlining potential competition concerns with the proposed acquisition by Aquis Reef Holdings (Aus) Pty Ltd (together with its (...)

ACCC reauthorises brick levy to help with bricklayer shortage* The Australian Competition and Consumer Commission has granted authorisation to the Australian Brick & Blocklaying Training Foundation (ABBTF), Think Brick Australia and the Concrete Masonry Association of Australia to continue (...)

ACCC ceases arbitrations following court decision* The Full Federal Court has handed down its decision on a judicial review application originally commenced by Telstra on 3 January 2014. Telstra sought review of the Australian Competition and Consumer Commission’s jurisdiction to arbitrate (...)

ACCC does not object to price increases by Airservices Australia* The Australian Competition and Consumer Commission has decided to not object to a proposal by Airservices Australia to increase prices for its monopoly services, from 1 July 2014. Airservices Australia provides air traffic (...)

AGL to seek Australian Competition Tribunal decision on Macquarie Generation* The Australian Competition and Consumer Commission acknowledges AGL’s application to the Australian Competition Tribunal which was filed today seeking an authorisation that an acquisition of Macquarie Generation be (...)

ACCC disappointed by Tribunal decision authorising AGL to acquire Macquarie Generation* The Australian Competition Tribunal (the Tribunal) has decided to grant conditional authorisation to AGL Energy Limited’s (AGL) proposed acquisition of Macquarie Generation. The Tribunal concluded that the (...)

ACCC issues draft decision to approve CBH long term arrangements* The Australian Competition and Consumer Commission has issued a draft decision to accept Co-Operative Bulk Handling Limited’s (CBH) proposed 2014 Port Terminal Services Access Undertaking, subject to drafting amendments. The (...)

ACCC permits Victorian country taxi co-ops to agree prices in the short term* The Australian Competition and Consumer Commission has decided to temporarily exempt Victorian country taxi operators working in co-operatives from competition laws so they can agree the maximum prices for their (...)

ACCC grants authorisation to Melbourne councils for joint organic waste tender* The Australian Competition and Consumer Commission has granted authorisation for Metropolitan Melbourne Waste Management Group and eight metropolitan Melbourne councils to jointly tender and enter into contracts (...)

Moses and Paul Obeid issue court challenge to ACCC examination notices* In response to media inquiries, the ACCC confirms that an application has been filed in the Federal Court of Australia which seeks to challenge compulsory examination notices issued by the ACCC to Paul and Moses Obeid (...)

ACCC requires improved dispute resolution in performing rights arrangements* The Australian Competition and Consumer Commission has reauthorised the Australasian Performing Right Association’s (APRA) arrangements for the acquisition and licensing of performing rights in music, subject to (...)

ACCC report finds no cross-subsidy in Australia Post* The Australian Competition and Consumer Commission has issued its ninth report assessing cross-subsidy between the services provided by Australia Post. The ACCC uses information provided by Australia Post in accordance with ACCC (...)

Competition issues at the forefront in aviation* Competition issues have featured prominently in the rapidly changing aviation sector, ACCC Commissioner Dr Jill Walker said today at the Swinburne Aviation Industry Conference in Melbourne. “The competitive landscape in the airline market has (...)

ACCC takes action following alleged egg cartel attempt* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against: the Australian Egg Corporation Limited (AECL); Mr James Kellaway, the managing director of AECL; two egg producing (...)

ACCC reports on breaches of Telstra’s SSU* The Australian Competition and Consumer Commission’s annual report on Telstra’s compliance with its Structural Separation Undertaking (SSU) was tabled in Parliament today. The report outlines a number of occasions during the 2012-13 financial year where (...)

ACCC will not oppose proposed acquisition of the fuel division of the Scotts Group by Caltex following divestiture remedy* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition by Caltex Australia Limited of the fuel division of the (...)

Australia and China to increase cooperation on mergers regulation* The Australian Competition and Consumer Commission and the Ministry of Commerce of the People’s Republic of China (MOFCOM) have signed a memorandum of understanding. ACCC Chairman Rod Sims said the agreement paves the way for (...)

ACCC proposes to authorise agreement for construction of affordable housing* The Australian Competition and Consumer Commission has issued a draft determination proposing to authorise Renewal SA to sell a section of a development site in Bowden, South Australia to Investec on the condition (...)

ACCC proposes to authorise plant breeders’ collective bargaining arrangements* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers they engage to collect (...)

$3 million penalty for bearings cartel conduct* The Federal Court has today ordered by consent that NSK Australia Pty Ltd (NSK Australia) pay total penalties of $3 million for its involvement in cartel conduct in relation to the price of bearings in Australia, in proceedings brought by the (...)

ACCC cross-appeals penalty judgment against Flight Centre* The Australian Competition and Consumer Commission has on 8 May 2014 lodged a cross-appeal in relation to a penalty judgment of the Federal Court on 28 March 2014 ordering Flight Centre Limited (Flight Centre) to pay penalties (...)

ACCC will not oppose Peregrine’s proposed acquisition of BP petrol station sites in SA* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by Peregrine Corporation (Peregrine) of BP Australia’s (BP) company- owned and operated retail petrol station sites (...)

ACCC takes action against Coles for alleged unconscionable conduct towards its suppliers* The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court of Australia against Coles Supermarkets Australia Pty Ltd and Grocery Holdings Pty Ltd (together, (...)

ACCC finalises inquiry into regulation of fixed line services* The Australian Competition and Consumer Commission (ACCC) today released its final report into the regulation of fixed line telecommunications services. It has decided to continue regulating wholesale services supplied using (...)

KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

ACCC to not oppose Transurban Consortium’s proposed acquisition of the tollroad assets of Queensland Motorways Group* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by the Transurban Consortium (including Transurban Group) of the tollroad and (...)

ACCC grants interim authorisation to Sydney councils for joint waste tender* The Australian Competition and Consumer Commission has granted interim authorisation to Bankstown City Council, Fairfield City Council, Parramatta City Council and Liverpool City Council in Sydney to commence a joint (...)

ACCC proposes to authorise best practice standards in the provision of contracts for difference* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to enable current and future members of the Australian CFD Forum to make and (...)

$11 million penalties imposed on Flight Centre* The Federal Court has today made declarations and ordered that Flight Centre pay penalties totalling $11 million for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in (...)

ACCC concludes its inquiry on transmission regulation* The Australian Competition and Consumer Commission has concluded its inquiry into the regulation of transmission services (known as the Domestic Transmission Capacity Service or ’DTCS’). The ACCC has decided to maintain regulation for a (...)

ACCC revokes Telstra accounting separation reporting requirements* The Australian Competition and Consumer Commission has revoked regulations requiring Telstra to report to the ACCC on its wholesale and retail operations, known as the Accounting Separation Record Keeping Rules. The ACCC was (...)

ACCC releases Statement of Issues on proposed acquisition of Brunswick Private Hospital by healthscope* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the Brunswick Private Hospital, in Melbourne’s (...)

The Australian Competition and Consumer Commission has announced that it will not oppose IAG’s proposed acquisition of Wesfarmers’ insurance underwriting business* IAG’s proposed acquisition was publicly announced in December 2013. The ACCC has closely reviewed the proposed acquisition as IAG and (...)

ACCC proposes to authorise the MFAA’s disciplinary rules* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to the Mortgage and Finance Association of Australia (MFAA) for its Disciplinary Rules. The ACCC proposes to grant (...)

Federal Court declares anticompetitive conduct by Cement Australia* The Federal Court in Brisbane has made declarations in the ACCC v Cement Australia Pty Ltd & Ors matter, finding numerous contraventions of section 45 of the then Trade Practices Act 1974, now the Competition and Consumer (...)

ACCC will not oppose proposed acquisition of OneSteel Sheet and Coil by Bluescope* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of the OneSteel Sheet and Coil business from Arrium Limited by BlueScope Steel Limited after (...)

ACCC opposes AGL’s proposed acquisition of Macquarie Generation* The Australian Competition and Consumer Commission has today announced that it will oppose the acquisition of the assets of Macquarie Generation by AGL Energy Limited (AGL). The ACCC considers that the proposed acquisition is (...)

ACCC proposes to revoke immunity for collective bargaining and collective boycott against NRL by betting agencies* The Australian Competition and Consumer Commission has issued a draft objection notice proposing to revoke two collective bargaining notifications lodged by the Australian (...)

ACCC 2014 compliance and enforcement policy promises action on drip pricing* The Australian Competition and Consumer Commission has released its 2014 Compliance and Enforcement Policy. The policy outlines the ACCC’s priority areas for the year and sets out the factors to be taken into account (...)

ACCC does not object to postage price increase by Australia Post* The Australian Competition and Consumer Commission has decided to not object to Australia Post’s proposal to increase the prices of ordinary letter services, including the basic postage rate (BPR) from 60 cents to 70 cents. (...)

ACCC to not oppose Amcor’s proposed acquisition of Detmold’s Australian operations* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by Amcor Ltd of Detmold Group’s Australian flexible packaging operation. Detmold competes with Amcor in the supply of (...)

ACCC to not oppose iSentia’s proposed acquisition of AAP’s media monitoring business The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Australian Associated Press Ltd’s media monitoring business by iSentia Pty Limited. iSentia (...)

ACCC to consult market on proposed undertaking from AGL* The Australian Competition and Consumer Commission today commenced market consultation on a proposed undertaking offered by AGL Energy Limited (AGL) in relation to its proposed acquisition of the business and assets of Macquarie (...)

ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

Authorisation granted to eight NSW regional councils for joint tender arrangements* The Australian Competition and Consumer Commission has granted authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste collection services and (...)

Big spike in small business contacts to competition regulator* The Australian Competition and Consumer Commission has launched the latest Small Business in Focus Report which outlines its work in the sector. ACCC Deputy Chair Dr Michael Schaper said that the report highlights the ongoing (...)

Coal producers granted interim authorisation for collective negotiations* The Australian Competition and Consumer Commission has granted interim authorisation for the RG Tanna Coal Export Terminal Producers (the applicants) to collectively negotiate with Gladstone Ports Corporation (GPC). The (...)

ACCC to not oppose BlueScope Steel’s proposed acquisition of Fielders Australia* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by BlueScope Steel Ltd of Fielders Australia. BlueScope, through its subsidiary Lysaght, competes with Fielders in the (...)

ACCC re-authorises waste reduction scheme* The Australian Competition and Consumer Commission has decided to re-authorise AgStewardship Australia Limited on behalf of itself, its members, Agsafe Limited and current and future participants in arrangements to impose a four cent per (...)

ACCC to oppose Sonic’s acquisition of the assets of Delta Imaging Group* The Australian Competition and Consumer Commission has announced it will oppose the proposed acquisition by Sonic Healthcare Limited (Sonic) of assets of Delta Imaging Pty Limited (in liquidation), Delta Imaging Maitland (...)

Mitsubishi Electric Australia to pay $2.2 million for resale price maintenance* The Federal Court of Australia has ordered by consent that Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) pay $2.2 million in penalties for engaging in resale price maintenance. Resale price (...)

ACCC conditionally approves the proposed acquisition of Life Technologies by Thermo Fisher* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Life Technologies Corporation by Thermo Fisher Scientific Inc after competition (...)

ACCC concerned about Woolworths’ proposed acquisition of Lindisfarne Cellars* The Australian Competition and Consumer Commission has released a Statement of Issues outlining concerns with the proposed acquisition of Lindisfarne Cellars by Woolworths Limited. Lindisfarne Cellars is a bottleshop (...)

ACCC releases draft report on regulation of access to mobile networks* The Australian Competition and Consumer Commission has today released a report of its draft decision to continue regulating the termination of calls on mobile phone networks. It is also proposing to regulate the termination (...)

ACCC releases draft reports on transmission and fixed line network regulation* The Australian Competition and Consumer Commission is currently reviewing the scope of its regulation of telecommunications services. It has today released draft reports that propose to largely maintain the existing (...)

ACCC accepts NBN Co Special Access Undertaking* The Australian Competition and Consumer Commission has accepted the varied Special Access Undertaking (SAU) lodged by NBN Co on 19 November 2013. The varied SAU incorporates all of the changes in the ACCC’s notice to vary and replaces the (...)

ACCC takes action against NSK for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against NSK Australia Pty Ltd (NSK) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

ACCC seeks views on GrainCorp’s port terminal access arrangements at Newcastle* The Australian Competition and Consumer Commission is seeking views on whether the scope of regulation of GrainCorp’s bulk grain port terminal in Newcastle should be reduced due to the presence of other bulk export (...)

ACCC proposes to grant authorisation to eight regional councils in NSW for joint tender for waste services* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to eight regional councils in NSW to enable them to jointly tender (...)

ACCC proposes to grant authorisation to the Recruitment and Consulting Services Association’s Professional Conduct Regime* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise the Recruitment and Consulting Services Association’s (RCSA) (...)

ACCC proposes to authorise Clubs Australia’s collective bargaining arrangements* The Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements put forward by Clubs Australia for five years. Clubs Australia, representing 6,500 licensed clubs across (...)

ACCC proposes to grant authorisation to Myer* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to Myer to enable it to continue to invite certain businesses operating within Myer Stores to participate in various promotions. (...)

ACCC takes action against alleged laundry detergent cartel* The Australian Competition and Consumer Commission has filed civil proceedings, in the Sydney registry of the Federal Court of Australia, in relation to an alleged cartel that the ACCC alleges denied Australian consumers the benefits (...)

ACCC proposes to reauthorise collective bargaining by office products retailers group* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow Office Choice Limited, Office Brands Limited, Office Products Depot and their current and future (...)

ACCC Petrol Report shows prices still high despite global weakness* The Australian Competition and Consumer Commission has released its 2013 report on the prices, costs and profits of unleaded petrol in Australia. “The report shows that international prices and domestic fuel taxes are the key (...)

Federal Court finds that Flight Centre attempted to enter into illegal arrangements with airlines* The Federal Court has held that on 6 occasions Flight Centre attempted to enter into arrangements with airlines which sought to eliminate differences in air fares so as to fix, control or (...)

ACCC calls for comment on BlueScope Steel’s proposed acquisition of Fielders Australia* The Australian Competition and Consumer Commission has released a Statement of Issues on the proposed acquisition of Fielders Australia Pty Ltd by BlueScope Steel Ltd. BlueScope, through its subsidiary (...)

ACCC allows minor variations to AAT joint venture authorisation* The Australian Competition and Consumer Commission has allowed minor variations to authorisation of the Australian Amalgamated Terminals Pty Ltd (AAT) joint venture. The minor variations will enable AAT to operate the terminal (...)

ACCC releases SoI on proposed acquisition of St Kilda Supa IGA by Woolworths* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the St Kilda Renaissance Supa IGA by Woolworths Limited. The target (...)

ACCC to not oppose Westpac’s proposed acquisition of Lloyd’s assets* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of certain assets of Lloyds International Pty Ltd including Capital Finance Australia Limited (CFAL) and BOS International (Australia) (...)

ACCC reauthorises AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has decided to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) sought authorisation to continue to (...)

ACCC grants interim authorisation to Lottery Agents Queensland* The Australian Competition and Consumer Commission has granted interim authorisation to Lottery Agents Queensland to continue to negotiate on behalf of its members in relation to existing terms and conditions of agency agreements (...)

ACCC proposes to grant authorisation for waste reduction scheme* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to AgStewardship Australia Limited on behalf of itself, its members, Agsafe Limited and current and future (...)

ACCC issues draft decision on Viterra’s wheat port undertaking* The Australian Competition and Consumer Commission has issued a draft decision proposing to consent Viterra Operations Limited’s (Viterra) application to extend and vary its 2011 Port Terminal Services Access Undertaking. Viterra’s (...)

ACCC institutes proceedings against Mitsubishi Electric Australia for alleged resale price maintenance* The Australian Competition and Consumer Commission has filed proceedings in the Federal Court against Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) for allegedly engaging in (...)

ACCC statement on Crown/ Echo investigation* The Australian Competition and Consumer Commission has concluded an investigation following comments made by the Chairman of Echo Entertainment, Mr John O’Neill, that the Chairman of Crown, Mr James Packer, made a statement which could have been (...)

ANZ found not to have breached price fixing provisions* The Federal Court has today dismissed proceedings brought by the Australian Competition and Consumer Commission alleging that Australian and New Zealand Banking Group Limited (ANZ) had breached the price fixing provisions of the Trade (...)

ACCC publishes NBN Co’s varied Special Access Undertaking for consultation* The Australian Competition and Consumer Commission received a varied Special Access Undertaking (SAU) from NBN Co on 19 November 2013. If accepted by the ACCC, this SAU will form a key part of the regulatory framework (...)

ACCC appeals ANZ Bank decision* The Australian Competition and Consumer Commission (ACCC) has appealed against the recent decision by Justice Dowsett in the Federal Court dismissing the ACCC’s allegations that Australia and New Zealand Banking Group Limited (ANZ) had breached the price fixing (...)

ACCC to not oppose NBN Co’s proposed acquisition of TransACT’s fibre to the premises network* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of TransACT Capital Communications Pty Ltd’s (TransACT) fibre to the premises network (TransACT FTTP network) (...)

ACCC identifies reform priorities to support competition at Australia’s growing container ports* In its 15th annual monitoring report, the Australian Competition and Consumer Commission has highlighted that further economic reforms are required if future benefits of continuing industry reforms (...)

ACCC quarterly report puts spotlight on statutory information gathering powers* The Australian Competition and Consumer Commission has published its September 2013 quarterly report, ACCCount. In the last quarter, the ACCC was involved in 10 proceedings relating to competition enforcement (...)

ACCC to not oppose Bega Cheese’s proposed acquisition of Warrnambool Cheese and Butter* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of Warrnambool Cheese and Butter Factory Company Holdings Limited (Warrnambool Cheese and Butter) by Bega Cheese (...)

ACCC Chairman addresses supermarket debate* Australian Competition and Consumer Commission Chairman Rod Sims today provided a regulator’s perspective on the debate surrounding the market share held by the two major supermarket chains. Mr Sims spoke at the Australian Food and Grocery Council’s (...)

ACCC reauthorises Rural Doctors to collectively negotiate* The Australian Competition and Consumer Commission has allowed the Rural Doctors Association of Australia (RDAA) and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of (...)

ACCC proposes to reauthorise AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) (...)

ACCC and AER issue joint 2012-13 annual report* The Australian Competition and Consumer Commission and Australian Energy Regulator have published their annual report for 2012-13. ACCC Chairman Rod Sims highlighted the notable achievements, including strong court judgments and penalties for (...)

$2 million penalty for bearings cartel* The Federal Court has made orders by consent against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million following action by the Australian Competition and Consumer Commission. The Court found that in 2008 and 2009, Koyo Australia made and (...)

ACCC allows electricity generators to jointly negotiate* The Australian Competition and Consumer Commission has granted authorisation to allow Queensland power generators CS Energy, Callide Energy, InterGen and Callide Power Management (the applicants) to jointly renegotiate existing coal (...)

ACCC grants interim approval to Office Choice members and franchises* “The Australian Competition and Consumer Commission” has granted interim authorisation to Office Choice Limited, Office Brands Limited, Office Products Depot Limited, and the members and franchisees of these companies (...)

ACCC proposes changes to performing rights arrangement* The Australian Competition and Consumer Commission proposes to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music subject to a range of (...)

ACCC proposes to grant authorisation to allow coordination in relation to the use of PINs* The Australian Competition and Consumer Commission is proposing to allow Visa and MasterCard, together with American Express and participating financial institutions, to coordinate in relation to the (...)

ACCC seeks variation of NBN Co Special Access Undertaking* On 8 October 2013 the Australian Competition and Consumer Commission has released a Notice to Vary (variation notice) formally seeking changes to the Special Access Undertaking (SAU) offered by NBN Co in December 2012. The SAU will (...)

ACCC grants interim authorisation to Queensland Government for liquor accord* The Australian Competition and Consumer Commission has granted interim authorisation to the State of Queensland, acting through the Office of Liquor and Gaming, for its pro-forma liquor accord. The pro-forma liquor (...)

ACCC releases discussion paper in cartel immunity policy review* The Australian Competition and Consumer Commission has released a public discussion paper inviting comment upon several key issues arising from its review of the ACCC Immunity Policy for Cartel Conduct. Given the importance of (...)

ACCC publishes updated informal merger review process guidelines* The Australian Competition and Consumer Commission has released the ACCC’s Informal Merger Review Process Guidelines 2013. This follows a consultation process on a draft of the Guidelines with key stakeholders in July, including (...)

Peter Foster sentenced for contempt of court* The Federal Court has sentenced Peter Foster to three years imprisonment, with 18 months to be served and 18 months suspended, for contempt of court. Justice Logan also placed conditions on Mr Foster’s involvement in the weight loss, cosmetic or (...)

ACCC opposes fee arrangements by ophthalmologists* The Australian Competition and Consumer Commission has decided not to allow members of the Australian Society of Ophthalmologists (ASO) to reach agreements within shared practices as to the fees to be charged for ophthalmic services. There (...)

Federal Court makes interim declarations of anticompetitive agreements* The Federal Court has made interim declarations in the matter of ACCC v Cement Australia Pty Ltd & Ors, which involved numerous alleged breaches of the competition provisions of the then Trade Practices Act 1974 (the (...)

ACCC takes action against Koyo for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted civil proceedings in the Federal Court against Koyo Australia Pty Ltd (Koyo) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

Japanese cable supplier to pay $1.35 million penalty for cartel conduct* The Federal Court in Adelaide has ordered a penalty of $1.35 million against Japanese cable supplier Viscas Corporation in respect of bid rigging and price fixing conduct in proceedings brought by the Australian (...)

ACCC court action alleges Sydney forklift gas supply cartel* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Sydney against Renegade Gas Pty Ltd (trading as Supagas NSW, a privately owned company) and Speed-E-Gas (NSW) Pty Ltd (a wholly (...)

Korean Air Lines penalised $5.5 million for price fixing cartel* The Federal Court in Sydney has penalised Korean Air Lines Co Ltd $5.5 million for price fixing as part of a cartel. The Australian Competition and Consumer Commission has pursued a number of international airlines for cartel (...)

WA air conditioning cartel prosecution finalised: $9 million penalties* The Federal Court in Perth handed down its final orders in the long running Western Australian air conditioning cartel case which had involved bid-rigging and price fixing on projects valued at over $100 million. Over the (...)

The Federal Court in Melbourne has ordered four foreign based suppliers of marine hose to pay penalties exceeding $8.24 million for engaging in cartel conduct. In June 2009, the Australian Competition and Consumer Commission instituted court proceedings alleging that Dunlop Oil & Marine, (...)

$1 Million penalty for defence cartel* The Federal Court has made orders by consent against American-based company, DRS C3 Systems for cartel behaviour in the international military defence training systems industry. As part of the resolution of the proceedings brought by the Australian (...)

$485,000 penalties for NSW scrap metal bid-rigging cartel* Five companies and nine individuals have been penalised a total of $485,000 for cartel behaviour involving price fixing and boycotts in the NSW scrap metal market in orders handed down today by Justice Annabel Bennett of the Federal (...)

Court upholds predatory pricing appeal against Boral Besser Masonry Ltd – Important case about misuse of market power* In an important decision the Full Court of the Federal Court late yesterday decided unanimously that Boral Besser Masonry Ltd’s* pricing below manufacturing costs breached the (...)