Australian Competition and Consumer Commission (Canberra)

Australian Competition Authority

Australian Competition and Consumer Commission (Canberra)

The Australian Competition and Consumer Commission (ACCC) promotes competition and fair trade in markets to benefit consumers, businesses, and the community. The ACCC also regulate national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with Australian competition, fair trading, and consumer protection laws - in particular the Competition and Consumer Act 2010.

Linked authors

Australian Competition and Consumer Commission (Sydney)
Australian Competition and Consumer Commission (Sydney)
Australian Competition and Consumer Commission (Sydney)
Australian Competition and Consumer Commission (Sydney)
Australian Competition and Consumer Commission (Melbourne)

Articles

78246 Bulletin

Australian Competition Authority The Australian Competition Authority opens a public consultation over a proposed acquisition of a hotel by a company operating pubs and liquor stores (Rye Hotel / Endeavour)

37

Consultation opens on Endeavour’s proposed acquisition of Rye Hotel on the Mornington Peninsula* The ACCC is seeking views from consumers and businesses on the Mornington Peninsula, about Endeavour Group Limited’s proposed acquisition of the Rye Hotel in Rye, Victoria. Endeavour Group owns a (...)

Australian Competition Authority The Australian Competition Authority intends to block the acquisition of an independent supermarket by a large competing chain (Woolworths / SUPA IGA Karabar)

32

ACCC opposes Woolworths’ acquisition of SUPA IGA Karabar* The ACCC opposes Woolworths’ proposed acquisition of the SUPA IGA in Karabar, NSW and its co-located Liquor Boss store, after concluding the transaction would be likely to substantially lessen competition in the supply of groceries in the (...)

Australian Competition Authority The Australian Competition Authority denies airline operators’ request for re-authorisation of their charter alliance agreement (Virgin Australia / Alliance Airlines)

73

ACCC denies re-authorisation of airline charter alliance* The ACCC has denied Virgin Australia Airlines and Alliance Aviation Services’ (ASX:AQZ) application for re-authorisation of their agreement to coordinate and jointly tender for and supply services to corporate customers, mainly for (...)

Australian Competition Authority The Australian Competition Authority accepts a court-enforceable divestiture remedy from a supplier of construction chemicals regarding its proposed acquisition of a rival (Sika / MBCC)

55

Sika’s proposed acquisition of MBCC Group not opposed, subject to global divestiture* The ACCC will not oppose Sika’s proposed acquisition of MBCC Group, after accepting a court-enforceable undertaking that commits Sika to divest MBCC Group’s entire business in Australia and New Zealand, (...)

Australian Competition Authority The Australian Competition Authority opposes a proposed acquisition in the market for the supply of aviation services to mining and resource industry workers (Qantas / Alliance Airlines)

42

ACCC opposes Qantas’ acquisition of Alliance* The ACCC will oppose Qantas Airways’ (ASX: QAN) proposed acquisition of Alliance Aviation Services Ltd (ASX: AQZ). Qantas and Alliance are key suppliers of air transport services to mining and resource companies who need to transport ‘fly-in (...)

Australian Competition Authority The Australian Federal Court imposes a fine on an architectural firm and its former MD for attempted bid rigging in a University tender (ARM Architecture / Anthony Allen)

92

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 (...)

Australian Competition Authority The Australian Competition Authority releases a statement of preliminary views and seeks further comments from stakeholders over a proposed acquisition in the banking industry (ANZ / Suncorp)

60

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 (...)

Australian Competition Authority The Australian Competition Authority grants an interim authorisation to permit the coordination of passenger and cargo transport operations in the aviation industry (Qantas / China Eastern)

50

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to grant an interim authorisation to allow for collaboration among major supermarkets to address recycling challenges, following the liquidation of a major recycling company

56

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 (...)

Australian Competition Authority The Australian Competition Authority publishes an ’issues paper’ on expanding digital platform ecosystems as part of its five-year Digital Platform Services Inquiry

106

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, (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation to two airlines to continue operating joint ventures in the Asian market for flights (Jetstar / Qantas)

63

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 (...)

Australian Competition Authority The Australian Competition Authority secures guilty pleas from two waste management companies and their CEO for price fixing (Aussie Skips Recycling / Aussie Skips Bin Services / Emmanuel Roussakis)

80

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 (...)

Australian Competition Authority The Australian Competition Authority launches Federal Court proceedings against a technology company for alleged bid rigging and price fixing when tendering to supply equipment and services to five mining village sites (Swift Networks)

117

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. (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation for a joint venture to two gas companies for the marketing of gas in respect of a new prospective gas field (Vintage Energy / Bridgeport)

77

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 (...)

Australian Competition Authority The Australian Competition Authority consults on a proposed court-enforceable divestiture by a supplier of construction chemicals in its acquisition of a rival (Sika / MBCC)

77

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 (...)

Australian Competition Authority The Australian Competition Authority approves the proposed acquisition of four hotels by an alcohol retailer and hotel operator following a promise to spin off a bottle shop business (Endeavour / Beach Hotel / Tower Hotel)

68

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 (...)

Australian Competition Authority The Australian Competition Authority seeks further views on the merger between two major suppliers of cash-in-transit services due to its effect on competition (Armaguard / Prosegur)

67

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 (...)

Australian Competition Authority The Australian Competition Authority refuses to grant authorisation for regional mobile network arrangements between two major telecommunication companies due to the high probability that it would substantially lessen competition (Telstra / TPG)

67

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 (...)

Australian Competition Authority The Australian Competition Authority charges two construction waste companies and a chief executive for fixing prices (Aussie Skips Recycling / Aussie Skips Bin Services / Emmanuel Roussakis)

101

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 (...)

Australian Competition Authority The Australian Competition Authority raises competition concerns about the proposed acquisition of a liquor company by a hospitality company (Endeavour / Beachfront)

54

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 (...)

Australian Competition Authority The Australian Federal Court finds that a steel producer and its former manager attempted to induce price fixing agreements (BlueScope / Jason Ellis)

109

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 (...)

Australian Competition Authority The Australian Competition Authority takes a CEO and a firm providing mining and technical services to oil and gas companies to court over market sharing and bid rigging conduct (Qteq Pty / Simon Ashton)

74

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 (...)

Australian Competition Authority The Australian Competition Authority raises preliminary competition concerns over the acquisition of a supermarket by a rival (Woolworths / SUPA IGA Karabar)

53

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 (...)

Australian Competition Authority The Australian Competition Authority raises preliminary competition concerns in relation to the merger between two hearing implant providers (Cochlear / Oticon)

75

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 (...)

Australian Competition Authority The Australian Federal Court sentences a family-owned Australian pharmaceutical company and its former export manager for engaging in criminal cartel conduct, based on an investigation by the Competition Authority (Alkaloids)

98

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 (...)

Australian Competition Authority The Australian Competition Authority agrees that supermarkets can cooperate in Soft Plastics Taskforce after a recycling program is paused (Coles / Woolworths / ALDI)

97

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 (...)

Australian Competition Authority The Australian Competition Authority fines a crane company $1M for market sharing and concluding written anticompetitive distribution agreements (NQ Cranes)

102

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 (...)

Australian Competition Authority The Australian Competition Authority receives court-enforceable remedies from a turf breeder to address concerted practices concerns (Lawn Solutions Australia Group)

82

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 (...)

Australian Competition Authority The Australian Competition Authority calls for new competition and consumer laws in its fifth report as part of a digital platforms services inquiry

83

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 (...)

Australian Competition Authority The Australian Competition Authority seeks submissions on a draft determination proposing to deny authorisation to an extension of a charter alliance agreement between two airlines (Virgin Australia / Alliance Airlines)

74

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 (...)

Australian Competition Authority The Australian Competition Authority publishes a Statement of Issues over the proposed acquisition of a forest plantation by a rival (Forestry Corporation of NSW / Hume Forest)

67

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 (...)

Australian Competition Authority The Australian Competition Authority files a civil lawsuit against an architecture company and its former managing director over alleged bid rigging (ARM Architecture)

71

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 (...)

Australian Competition Authority The Australian Competition Authority seeks further views on the acquisition of telecoms infrastructure sites by the country’s biggest telecoms firm (Telstra / TPG Telecom)

52

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 (...)

Australian Competition Authority The Australian Competition Authority will not oppose the acquisition of a motorhome rental company by a rival, subject to a substantial divestment in the target’s newest fleet (THL / Apollo)

51

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose an acquisition of a major manufacturer of animal health products and drugs subject to divestiture (Zoetis / Jurox)

69

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 (...)

Australian Competition Authority An Australian Federal Court orders two roof tiling businesses and their directors to pay $420,000 in fines for conspiring to rig bids (First Class Slate Roofing / RAD Roofing Specialists / Scott Barton / Damian Hand)

73

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 (...)

Australian Competition Authority The Australian Competition Authority approves the acquisition of a superannuation fund by a cloud-based software provider subject to a court-enforceable divestiture (Dye & Durham / Line)

60

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 (...)

Australian Competition Authority The Australian Federal Court sentences four individuals for price fixing of the Australian dollar/ Vietnamese dong exchange rate and the transaction fees charged to customers sending money from Australia to Vietnam (Vina Money)

64

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 (...)

Australian Competition Authority The Australian Competition Authority authorises codeshare pricing arrangements amongst international airline companies operating long haul international routes (Virgin Australia)

74

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, (...)

Australian Competition Authority The Australian Competition Authority commences its consultation on a proposed divestiture to allay competition concerns over the merger of two mobile-home rental companies (THL / Apollo)

56

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 (...)

Australian Competition Authority The Australian Federal Court orders a construction union and construction company to pay penalties of $750,000 and $600,000 respectively for boycott conduct in breach of competition laws (Hutchinson / CFMMEU)

93

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 (...)

Australian Competition Authority The Australian Competition Authority approves the acquisition of a web-offset printing services in voluntary administration by a market competitor (Ive / Ovato)

75

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 (...)

Australian Competition Authority The Australian Competition Authority publishes statement of issues which prevents the conclusion of a merger between two investment companies (Palisade Investment / Port of Geelong)

60

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 (...)

Australian Competition Authority The Australian Federal Court voids 38 contract terms used in contracts entered into by an IT solutions firm with many thousands of small businesses for being unfair (Fujifilm Business Innovation)

19

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 (...)

Australian Competition Authority The Australian Competition Authority consults on divestiture remedies offered by a manufacturer of animal health products in its bid to take over a rival (Zoetis / Jurox)

82

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 (...)

Australian Competition Authority The Australian Competition Authority approves the acquisition of a cyber security consultancy and provider of cyber security products by a Big Tech search engine (Google / Mandiant)

73

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 (...)

Australian Competition Authority The Australian Competition Authority calls for comments on court-enforceable divestment commitments by a provider of cloud-based software for businesses in order to acquire a tech company which enables outsourcing of administrative services (Dye & Durham / Link)

46

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). (...)

Australian Competition Authority The Australian Competition Authority accepts a telecom’s court-enforceable undertaking to halt a spectrum registration practice which interfered with a rival’s rollout of 5G network (Telstra)

60

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 (...)

Australian Competition Authority The Australian Competition Authority will not oppose the acquisition of a company that sells TV set-top-boxes by a broadband provider (Telstra / Fetch)

70

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 (...)

Australian Competition Authority The Australian Competition Authority greenlights the acquisition of a rail haulage firm operating in the coal transportation sector by a rival, subject to a divestment (Aurizon / One Rail)

80

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 (...)

Australian Competition Authority The Australian Competition Authority allows two broadband providers to amend cooperation agreements to accelerate broadband rollout following a restructuring of one of the firms (Telstra / NBN)

103

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 (...)

Australian Competition Authority The Australian Competition Authority gives the go ahead to agreements between an airline and its partners allowing the partners to set flight prices which the airline then sells on their behalf (Virgin Australia)

111

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, (...)

Australian Competition Authority The Australian Competition Authority green-lights temporary cooperation in the energy industry to address the crisis caused by the Russo-Ukrainian war

114

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 (...)

Australian Competition Authority The Australian Competition Authority approves the acquisition transaction between two major fertility services suppliers (Liverpool Partners / Genea)

146

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 (...)

Australian Competition Authority The Australian Competition Authority opposes the acquisition transaction between two companies in the conveyancing sector for giving rise to competition concerns through vertical integration (Dye & Durham / Link)

104

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. (...)

Australian Competition Authority The Australian Competition Authority approves the acquisition transaction between two book publication companies as not likely to impede competition (Opus / Ovato)

102

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, (...)

Australian Competition Authority The Australian Competition Authority institutes court proceedings against a major debit card company for allegedly engaging in conducts to lessen competition in debit card acceptance services (Mastercard)

349

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 (...)

Australian Competition Authority The Australian Competition Authority clears the acquisition of a filtered water company by a rival subject to commitments to spin-off a subsidiary (Culligan / Waterlogic)

350

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, (...)

Australian Competition Authority The Australian Competition Authority raises competition concerns on the acquisition transaction between two hospitality and tourism companies (THL / Apollo)

177

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 (...)

Australian Competition Authority The Australian Competition Authority finds significant falls in retail prices in the major capital cities a week after the cut in fuel excise came into effect

608

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 (...)

Australian Competition Authority The Australian Federal Court orders an ice cream manufacturer and distributor to pay $12M in penalties for its anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores (Peters Ice Cream)

457

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 (...)

Australian Competition Authority The Australian Competition Authority unconditionally clears the merger of a distributor of medical devices and a distributor of medical products (Pacific Health Group / EBOS)

383

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 (...)

Australian Competition Authority The Australian Competition Authority refuses to give an authorisation for the provisions of a settlement and licence agreement between pharmaceutical companies (Celgene / Juno / Natco)

317

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 (...)

Australian Competition Authority The Australian Competition Authority decides that it will not pursue an enforcement action in relation to the merger between a logistics company and a cargo port operator (Qube Logistics / Newcastle Agri Terminal)

394

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 (...)

Australian Competition Authority The Australian Competition Authority takes action against alleged misleading conduct by a Big Tech company for publishing crypto ads on social media (Meta)

270

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 (...)

Australian Competition Authority The Australian Competition Authority accepts a court-enforceable undertaking from a racing company after raising competition concerns relating to speedway racing in Victoria (Speedway Australia)

597

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 (...)

Australian Competition Authority The Australian Competition Authority authorizes a merger between two companies specialized in travel management services as it is unlikely to result in a substantial lessening of competition (Helloworld / CTM)

546

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 (...)

Australian Competition Authority The Australian Competition Authority releases a report detailing the findings arising from reviews of six mergers which occurred between 2017 and 2019 (Milemaker / AB Oxford Cold Storage / OfficeMax...)

280

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) (...)

Australian Competition Authority The Australian Competition Authority seeks views on court enforceable undertakings proposed by 2 maritime container suppliers in relation to their proposed merger (Cargotec / Konecranes)

271

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 (...)

Australian Competition Authority The Australian Competition Authority announces a new working group of the Five Eyes Competition Authorities with a focus on collusion in international trade

443

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 (...)

Australian Competition Authority The Australian Competition Tribunal denies authorisation for collective bargaining by ten coal producers and their trade body with national port (NSW Minerals Council / Port of Newcastle)

170

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 (...)

Australian Competition Authority The Australian Competition Authority outlines preliminary competition concerns with a proposed merger between 2 animal health companies (Zoetis / Jurox)

398

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 (...)

Australian Competition Authority The Australian Competition Authority unconditionally approves an acquisition in the flight simulation training services sector (Ansett Aviation Training / Aviation Training Partners)

360

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 (...)

Australian Competition Authority The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South

316

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 (...)

Australian Competition Authority The Australian Competition Authority clears a proposed acquisition between a pharmaceutical retail company and a pharmaceutical conglomerate (Australian Pharmaceutical Industries / Wesfarmers)

344

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 (...)

Australian Competition Authority The Australian Commonwealth Director of Public Prosecutions withdraws criminal cartel charges against 2 banks and 4 senior executives arising from a third bank’s institutional share placement (ANZ / Citigroup / Deutsche Bank)

373

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 (...)

Australian Competition Authority The Australian Competition Authority investigates allegations of excessive pricing and selling practices relating to rapid antigen tests for COVID-19

357

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 (...)

Australian Competition Authority The Australian Competition Authority issues a determination allowing joint marketing arrangements amongst the four owners of a gas field (Central Petroleum / Macquarie Mereenie / New Zealand Oil and Gas / Cue Energy)

322

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 (...)

Australian Competition Authority The Australian Competition Authority grants an urgent interim authorisation permitting manufacturers of ‘AdBlue’ diesel exhaust fluid to collaborate on the supply of refined urea

231

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose the merger between two waste management companies, subject to divestitures (Veolia / Suez)

202

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 (...)

Australian Competition Authority The Australian Competition Authority receives withdrawal from a proposed merger in the IVF services sector due to competition concerns (Virtus / Adora)

188

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 (...)

Australian Competition Authority The Australian Competition Authority greenlights the merger between two oil and gas exploration and production companies (Woodside / BHP Petroleum)

226

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose the merger between a major US online retail platform with audiovisual content and a Hollywood film production company (Amazon / MGM)

273

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose the merger between an airline investment consortium and a national airport (Sydney Aviation Alliance / Sydney Airport)

199

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 (...)

Australian Competition Authority The Australian Competition Authority releases its latest "Airline Competition in Australia" report which reveals that consumers will benefit from increased competition and cheaper fares on the country’s busiest routes once borders reopen

225

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose the proposed merger between a national meat and food processing company and an agri-food producer (JBS / Rivalea)

585

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 (...)

Australian Competition Authority The Australian Competition Authority institutes Federal Court proceedings against a Hong Kong based power tool supplier for resale price maintenance (Techtronic)

546

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 (...)

Australian Competition Authority The Australian Competition Authority is not opposed to the proposed acquisition of a plagiarism prevention platform by its competitor (Turnitin / Ouriginal)

487

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 (...)

Australian Competition Authority The Australian Competition Authority issues a draft determination to allow joint marketing arrangements for natural gas produced from the Northern Territory’s Mereenie gas field

665

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, (...)

Australian Competition Authority The Australian Competition Authority announces that a national pharmaceutical company has pleaded guilty to criminal cartel charges (Alkaloids of Australia)

592

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. (...)

Australian Competition Authority The Australian Competition Authority announces that a national radio association can collectively bargain with 2 Big Tech companies about payments for using radio station’s news content on the digital platforms (Commercial Radio Australia / Google / Facebook)

391

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 (...)

Australian Competition Authority The Australian Competition Authority releases its third digital platform services inquiry interim report and proposes that it be given the power to develop and implement a mandatory search engine choice screen in web browsers (Google)

229

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 (...)

Australian Competition Authority The Australian Competition Authority secures a guilty plea by a former export manager of a pharmaceutical ingredient company for participating in cartel activities (Alkaloids / Christopher Kenneth Joyce)

387

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 (...)

Australian Competition Authority The Australian Competition Authority initiates proceedings against two Sydney roof tiling businesses and their sole directors for alleged participation in a cartel (First Class Slate Roofing / Mr. Shingles / Scott Barton / Damian Hand)

627

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, (...)

Australian Competition Authority The Australian Competition Authority announces new big challenges for competition including merger law reform, the need to prove the future in competition cases, and the role of new regulation for digital platforms

288

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 (...)

Australian Competition Authority The Australian Competition Authority seeks an urgent injunction to halt a health facility’s acquisition of several national fertility clinics (Virtus / Adora fertility clinics)

232

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 (...)

Australian Competition Authority The Australian Competition Authority investigates the impact of a completed acquisition on the supply chain for bulk grain export through the Port of Newcastle (Qube Logistics / Newcastle Agri Terminal)

585

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 (...)

Australian Competition Authority The Australian Competition Authority reports a standstill in the domestic airline industry due to the COVID-19 pandemic restrictions and cautions airports against using their market power to try to recoup losses after the pandemic through excessive prices

535

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 (...)

Australian Competition Authority The Australian Competition Authority publishes a report on advertising technology and identifies significant competition concerns namely due to a Big Tech company’s dominance of the sector (Google)

430

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, (...)

Australian Competition Authority The Australian Competition Authority authorizes two national healthcare companies to form and operate a health services buying group (Honeysuckle Health / Nib Health Funds)

234

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 (...)

Australian Competition Authority The Australian Competition Authority launches an investigation into a proposed merger between three meat and food processing companies (JBS / Rivalea / Oxdale Dairy)

232

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorization to medicine wholesalers to continue to cooperate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues

561

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 (...)

Australian Competition Authority The Australian Competition Authority finds that the proposed coordination of Japanese and Australian flights between two airlines is not in the public interest (Qantas / Japan Airlines)

511

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to authorize a national union of commercial radio broadcasters to collectively bargain with two Big Tech companies (Commercial Radio Australia / Google / Facebook)

530

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’ (...)

Australian Competition Authority The Australian Competition Authority clears a payment systems merger after accepting a court-enforceable undertaking offered by the parties (BPAY / eftpos / NPPA)

432

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 (...)

Australian Competition Authority The Australian Competition Authority announces new rules and regulations regarding the dominance of Big Tech companies on app marketplaces (Google / Apple)

550

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 (...)

Australian Competition Authority The Australian Competition Authority announces that criminal cartel charges have been withdrawn against the national construction, forestry, maritime, mining, and energy union due to a lapse of time and resulting difficulty to secure reliable witness testimonies (CDPP / CFMMEU)

388

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 (...)

Australian Competition Authority The Australian Competition Authority authorises a national press union to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)

247

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 (...)

Australian Competition Authority The Australian Competition Authority unconditionally approves the acquisition of the largest national distributor of magazines to retailers by the largest magazine publisher due to continuing decline of revenues in the publishing sector (Are Media / Ovato Retail Distribution)

496

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 (...)

Australian Competition Authority The Australian Competition Authority announces the withdrawal of a clearance request for a merger between two insurance companies (Aon / Willis Towers Watson)

309

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 (...)

Australian Competition Authority The Australian Competition Authority appeals the Federal Court’s decision to dismiss the Competition Authority’s proceedings against port commitment deeds in New South Wales (NSW Ports)

247

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 (...)

Australian Competition Authority The Australian Competition Authority examines competition and consumer concerns with general online retail marketplaces (eBay / Amazon / Kogan / Catch)

253

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 (...)

Australian Competition Authority The Australian Federal Court acquits a CEO and former employee of a national healthcare facility accused of participating in cartel activities (Country Care)

344

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 (...)

Australian Competition Authority The Australian Competition Authority initiates proceedings against an alleged attempted cartel for the National Gallery of Australia tender (Delta Building Automation / Timothy Davis)

222

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation to a press association to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)

193

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 (...)

German Competition Authority, Australian Competition Authority, UK Competition Authority The UK, German and Australian Competition Authorities agree on a joint statement on merger control

658

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 (...)

Australian Competition Authority The Australian Competition Authority re-authorises the cooperation between two airline companies for an additional five years (Qantas / American Airlines)

276

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 (...)

Australian Competition Authority The Australian Competition Authority authorises a dairy farmers’ organisation to implement a licensing scheme for the use of its logo on qualifying dairy products (Queensland Dairyfarmers’ Organisation)

274

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 (...)

Australian Competition Authority The Australian Competition Authority accepts a court-enforceable undertaking from a credit card company after it addressed competition concerns (Visa)

324

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 (...)

Australian Competition Authority The Australian Competition Authority announces that restrictions on travel and economic activity due to the COVID-19 outbreak have an enormous effect on petrol prices

272

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 (...)

Australian Competition Authority The Australian Competition Authority outlines its enforcement and compliance priorities for 2021 in the context of the COVID-19 pandemic

356

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 (...)

Australian Competition Authority The Australian Competition Authority outlines competition concerns over a national software company’s proposed acquisition of a South African software provider that could substantially lessen competition in the accounting software market (MYOB / GreatSoft)

233

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation for three national gas exploration companies to enter into joint marketing arrangements (Vintage Energy / Metgasco / Bridgeport)

213

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 (...)

Australian Competition Authority The Australian Competition Authority releases an interim report addressing the lack of competition and transparency in the digital advertising technology market

288

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 (...)

Australian Competition Authority The Australian Competition Authority rejects a Big Tech company’s behavioral remedies for the acquisition of a wellness and healthcare device manufacturer (Fitbit / Google)

417

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. (...)

Australian Competition Authority The Australian Competition Authority allows Japanese vehicle manufacturer’s exclusive dealing notification relating to its 10-year conditional warranty to stand (Mitsubishi)

270

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose building products manufacturer’s proposed acquisition of brick manufacturer (BCG / Midland Brick)

208

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 (...)

Australian Competition Authority The Australian Competition Authority alleges that a dominant social media platform misled consumers when promoting an app to ’protect’ users’ data to identify potential acquisitions (Facebook Onavo Protect)

93

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 (...)

Australian Competition Authority The Australian Competition Authority outlines preliminary competition concerns over supermarket chain’s acquisition of food service distributor (Woolworths / PFD)

191

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 (...)

Australian Competition Authority The Australian Competition Authority does not oppose a financial services company’s acquisition of wealth management firm (IOOF / MLC Wealth Management)

118

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 (...)

Australian Competition Authority The Australian Competition Authority releases perishable agricultural goods inquiry report recommending the introduction of an unfair trading practices prohibition

169

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 (...)

Australian Competition Authority The Australian NSW Local Court in Sydney refers several banks and executives to the Federal Court for trial on criminal cartel charges (ANZ / Citigroup / Deutsche Bank)

163

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 (...)

Australian Competition Authority The Australian High Court dismisses the Competition Authority’s appeal regarding a merger between two national rail transportation companies (Pacific National / Aurizon)

105

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) (...)

Australian Competition Authority The Australian Competition Authority files court action against a construction company and construction trade union over alleged boycott (Hutchinson / CFMMEU)

190

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 (...)

Australian Competition Authority The Australian Competition Authority charges a pharmaceutical ingredient company and its former director for leading a criminal cartel (Alkaloids / Christopher Kenneth Joyce)

201

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 (...)

Australian Competition Authority The Australian Competition Authority begins a consultation on the proposed acquisition of health and wellness undertaking by Big Tech company (Fitbit / Google)

96

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 (...)

Australian Competition Authority The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)

225

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 (...)

Australian Competition Authority The Australian Competition Authority authorises cooperation to support regional airline services due to the COVID-19 pandemic (Virgin Australia / Alliance Airlines)

194

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 (...)

Australian Competition Authority The Australian Competition Authority Chairman announces in his annual address that the Authority is closely watching global antitrust efforts focusing on the major digital platforms

154

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 (...)

Australian Competition Authority The Australian Competition Authority closes investigation into the merger of commercial laundry services firms after the firms withdraw from the merger (South Pacific Laundry / Spotless Laundries)

109

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 (...)

Australian Competition Authority The Australian Competition Authority issues interim report on its first inquiry of digital services platforms which finds a surge in online messaging use during the COVID-19 pandemic as big digital platforms continue to expand

275

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 (...)

Australian Competition Authority The Australian Competition Authority announces that prices for wholesale telecom transmission services are set to fall following its decision to reduce the regulated prices for the declared domestic transmission capacity service

160

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). (...)

Australian Competition Authority The Australian Competition Authority closes investigation into the acquisition of garment laundering business after the firms withdraw from the merger (Alsco / Spotless Garments)

139

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 (...)

Australian Competition Authority The Australian Competition Authority institutes proceedings in the Federal Court against printing company for unfair contract terms for small businesses (Fuji Xerox)

175

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 (...)

Australian Competition Authority The Australian Competition Authority commences civil proceedings in the Federal Court against overhead crane company over alleged market sharing cartel (NQCranes)

227

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 (...)

Australian Competition Authority The Australian Competition Authority initiates court proceedings against a wholesale distributor of cycling and sporting products for alleged resale price maintenance (FE Sports)

248

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 (...)

Australian Competition Authority The Australian Competition Authority finds preliminary competition concerns with a proposed acquisition of a garment laundering business (Alsco / Spotless Garments)

130

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. (...)

Australian Competition Authority The Australian Competition Authority clears merger of two global companies supplying financial markets infrastructure products (Refinitiv / London Stock Exchange Group)

152

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 (...)

Australian Competition Authority The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)

101

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 (...)

Australian Competition Authority The Australian Competition Authority is not opposed to a pharmaceutical merger after offered divestments overcome competition concerns (Mylan / Upjohn)

203

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 (...)

Australian Competition Authority The Australian Competition Authority grants authorisation to the first national voluntary battery stewardship scheme (Battery Stewardship Council)

166

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 (...)

Australian Competition Authority The Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK, and the US

215

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 (...)

Australian Competition Authority The Australian Competition Authority secures a first-ever individual guilty plea for obstructing a cartel investigation from the infringing company’s general manager (BlueScope Steel)

174

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 (...)

Australian Competition Authority The Australian Competition Authority finds preliminary competition concerns with a proposed merger between 2 largest commercial laundry services providers in multiple geographic markets (South Pacific Laundry / Spotless Laundries)

141

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. (...)

Australian Competition Authority The Australian Competition Authority allows 10 coal producers and minerals council to collectively bargain with the Port of Newcastle for the export of coal and other minerals (NSW Minerals Council / Port of Newcastle)

115

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, (...)

Australian Competition Authority The Australian Competition Authority states that the national energy markets are at a tipping point for affordability and warns that the new Prohibiting Energy Market Misconduct laws will ensure electricity retailers pass on cost savings to customers

78

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 (...)

Australian Competition Authority The Australian Competition Authority clears acquisition of 70% majority stake in a specialist retail supplier of tools and equipment by a competitor (Metcash / Total Tools)

132

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 (...)

Australian Competition Authority The Australian Competition Authority allows chicken processors to cooperate on Victorian chicken meat supply due to the COVID-19 pandemic (Ingham’s / Turosi / Hazeldene’s Chicken Farm / Australian Chicken Meat Federation)

211

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 (...)

Australian Competition Authority The Australian Competition Authority clears merger of potato growing & packing businesses in South Australia (Mitolo / Thomas Foods International)

165

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 (...)

Australian Competition Authority The Australian Competition Authority clears animal health business merger subject to divestments (Elanco Animal Health / Bayer Animal Health)

128

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 (...)

Australian Competition Authority The Australian Competition Authority welcomes the Government’s direction to actively monitor and report on competition conditions in the national air travel market

116

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to allow coal producers to collectively negotiate terms and conditions for access to the Port of Newcastle

95

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 (...)

Australian Competition Authority The Australian Competition Authority releases a statement of issues and opens an investigation into a Big Tech company’s acquisition of a wearable tech manufacturer (Fitbit / Google)

165

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 (...)

Australian Competition Authority The Australian Competition Authority proposes not to allow a camping industry association’s loyalty program due to its conditions amounting to exclusive dealing (Caravanning Queensland)

125

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to allow insurance companies and brokers to continue cooperation on COVID-19 temporary relief measures for certain small businesses

245

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, (...)

Australian Competition Authority The Australian Competition Authority rejects a company’s proposal to set minimum resale prices for power tools, accessories, and attachments (Stanley Black & Decker)

339

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 (...)

Australian Competition Authority The Australian Competition Authority continues its investigation into a 19.9% stake airline acquisition and highlights the increased concerns that smaller airlines face due to COVID-19 (Qantas / Alliance Airlines)

867

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 (...)

Australian Competition Authority The Australian Competition Authority seeks public comment on proposed divestments in an animal health business merger (Elanco Animal Health / Bayer Animal Health)

177

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 (...)

Australian Competition Authority The Australian Competition Authority revokes interim authorisation for car rental companies to jointly negotiate with cairns airport due to the COVID-19 pandemic

305

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 (...)

Australian Competition Authority The Full Court of the Australian Federal Court dismisses the Competition Authority’s appeal aimed at blocking the acquisition of a rail terminal by a dominant rail freight carrier on the East coast (Pacific National / Aurizon)

99

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 (...)

Australian Competition Authority The Australian Competition Authority allows electricity and gas companies to co-operate to provide financial relief to residential and business customers who may be financially impacted by the COVID-19 pandemic

142

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 (...)

Australian Competition Authority The Australian Competition Authority grants conditional interim authorisation to two supermarket undertakings to cooperate on their store opening times in light of the COVID-19 outbreak

151

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 (...)

Australian Competition Authority The Australian Competition Authority grants three-month exemptions to financial services providers who are required to share product reference data by a set date, due to the impact of the COVID-19 pandemic

139

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation for mining companies to cooperate with members of the minerals council to work together in order to manage critical services and supplies as a response to the COVID-19 outbreak

193

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 (...)

Australian Competition Authority The Australian Competition Authority states that petrol retailers should avoid using the current COVID-19 outbreak to increase their profits but rather be in line with international petrol prices falls

122

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the current COVID-19 outbreak

141

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 (...)

Australian Competition Authority The Australian Competition Authority grants 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 outbreak

127

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 (...)

Australian Competition Authority The Australian Competition Authority allows both public and private hospital operators in Northern Territory and Souther Australia to work with each other and relevant health agencies during the COVID-19 outbreak

128

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorization allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to COVID-19 exposure

154

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorization after receiving an application lodged by private health insurers to provide financial relief to policyholders during the COVID-19 pandemic

98

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation for members of the Australian Securitisation Forum to work together and help small businesses during the COVID-19 crisis

275

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 (...)

Australian Competition Authority The Australian Competition Authority authorizes private hospitals in Victoria and Queensland to cooperate with their state health agencies, public hospitals, and each other during the COVID-19 pandemic

122

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 (...)

Australian Competition Authority The Australian Competition Authority authorises shopping centers owners and managers to discuss and implement rent relief measures for small to medium shopping center tenants during COVID-19 crisis

88

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation to allow gas and electricity industry participants to cooperate on measures during COVID-19 crisis (AEMO)

68

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 (...)

Australian Competition Authority The Australian Competition Authority authorizes medicine wholesalers to cooperate and to facilitate the distribution of essential medication and pharmacy products during the COVID-19 pandemic

102

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 (...)

Australian Competition Authority The Australian Competition Authority provides an interim authorisation for the Australian Banking Association and banks in order to cooperate on loan relief and services during COVID-19 crisis

73

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 (...)

Australian Competition Authority The Australian Competition Authority allows supermarkets to coordinate with each other to ensure consumers reliable and fair access to groceries during the COVID-19 pandemic

63

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 Competition Authority The Australian Competition and Consumer Authority proposes to grant authorisation to owner drivers to collectively bargain with major supplier of chain logistics (Toll / Transport Workers’ Union of Australia)

195

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 (...)

Australian Competition Authority The Australian Competition Authority notifies businesses about the obligation to pass through all cost savings attributable to the carbon tax repeal

210

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 (...)

Australian Competition Authority The Australian Competition Commission releases statement of issues outlining potential competition concerns with the proposed acquisition of four stores (Progressive Supa IGA / Coles Supermarkets Australia)

77

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 (...)

Australian Competition Authority The Australian ACCC and ASIC issue new guidelines concerning the debt collection industry and the assessment of the risk of breaching competition, consumer and other relevant laws

114

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission outlines potential competition concerns with the proposed acquisition on the market for casino services (Reef Casino Trust)

97

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants authorisation to continue to apply a small levy on the sale of clay brick and concrete masonry products (ABBTF)

113

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 (...)

Australian Competition Authority The Australian Federal Court decides that the Competition Authority cannot hear or determine disputes on agreed terms and conditions in relation to network access charges leading the Authority to cease arbitration of these matters (Telstra Corporation / Vocus Fibre)

204

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 (...)

Australian Competition Authority The Australian Competition Authority decides not to object to a proposal by a monopoly operator to increase prices for air traffic control and aviation fire-fighting and rescue services (Airservices Australia)

121

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 (...)

Australian Competition Authority The Australian Competition Tribunal receives an application for authorisation to acquire the assets of a power station following the opposition decision issued by the Competition Authority (AGL Energy / Macquarie Generation)

162

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 (...)

Australian Competition Authority The Australian Competition Tribunal grants authorisation to complete acquisition under the proposed conditions on the market for electricity wholesale and retail markets in NSW (AGL Energy / Macquarie Generation)

444

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation to enable taxi operators organised in cooperative networks to make and give effect to agreements within the same co-operative network as to the maximum fares charged for booked and contracted work

90

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 (...)

Australian Competition Authority The Australian Competition Authority grants authorization for a joint tender for the supply of organic waste processing services (Metropolitan Melbourne Waste Management)

116

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 (...)

Australian Competition Authority The Australian Competition Authority files an application seeking to challenge compulsory examination notices being part of an antitrust investigation into allegations of cartel conduct regarding a tender process for an exploration mining licence (Paul and Moses Obeid)

244

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 (...)

Australian Competition Authority The Australian Competition Authority authorises for the second time arrangements for the acquisition and licensing of performing rights in music, subject to certain conditions (APRA)

261

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 (...)

Australian Competition Authority The Australian Competition Authority issues its ninth report assessing cross-subsidy between the services provided by a domestic postal service provider (Australia Post)

164

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 (...)

Australian Competition Authority The ACCC Commissioner emphasizes that airline alliances and code-sharing may promote efficient and competitive markets, but they also raise competition concerns

98

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 (...)

Australian Competition Authority The Australian Competition and Consumer Authority reports breaches of the Structural Separation Undertaking containing commitments related to vertical integration in the telecom sector (Telstra)

187

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose proposed acquisition of fuel division after accepting an undertaking to sell four retail fuel sites (Caltex / Scotts)

169

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 (...)

Australian Competition Authority The Australian Competition Authority and the Chinese MOFCOM sign a memorandum of understanding allowing the exchange of information between the agencies on mergers that affect both the Australian and Chinese markets

234

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 (...)

Australian Competition Authority The Australian Competition and Consumer Authority issues a draft determination proposing to grant authorisation of an arrangement for affordable housing for five years (Renewal / Investec Bank)

97

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 (...)

Australian Competition Authority The Australian Competition and Consumer Authority issues a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers (Seedvise)

134

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 (...)

Australian Competition Authority The Australian Federal Court orders by consent payment of penalties for involvement in cartel conduct in relation to the price of bearings (Nachi / Koyo)

189

$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 (...)

Australian Competition Authority The Australian Competition Authority lodges a cross-appeal in relation to a judgment of the Federal Court ordering penalties for attempt to enter into anti-competitive arrangements with three international airlines (Flight Centre)

126

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 (...)

Australian Competition Authority The Australian Competition and Consumer Authority clears an acquisition proposed by leading convenience retailer of a company owning retail petrol station sites in South Australia (BP / Peregrine)

85

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 (...)

Australian Competition Authority The Australian Competition Authority institutes proceedings in the Federal Court of Australia against supermarket chain for exploitative conduct (Coles)

300

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, (...)

Australian Competition Authority The Australian Competition Authority receives court-enforceable undertakings from a kitchenware company concerning the discontinuation of its resale price maintenance and a compliance program (KitchenAid)

304

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 (...)

Australian Competition Authority The Australian Competition and Consumer Authority does not oppose the proposed acquisition on the market for ownership or operation of tollroads (Transurban / Queensland Motorways)

142

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 (...)

Australian Competition Authority The Australian Competition Authority grants interim authorisation to several city councils in Sidney to commence a joint tender for household clean up waste (Bankstown City / Fairfield City / Parramatta City / Liverpool City)

181

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 (...)

Australian Competition Authority The Australian Competition Authority issues a draft determination proposing to grant authorization to make and give effect to a code of practice for traders of financial derivatives (CFD Forum)

130

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 (...)

Australian Competition Authority The Australian Federal Court imposes fines on a travel agency for repeatedly attempting to enter into anti-competitive arrangements with three international airlines (Flight Centre)

160

$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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission revokes regulations requiring telecom operator to report on its wholesale and retail operations (Telstra)

151

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases statements outlining concerns with the proposed acquisition of a private hospital in Melbourne (Brunswick Private Hospital / Healthscope)

97

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 (...)

Australian Competition Authority The Australian Competition and Consumer Authority does not oppose the acquisition of an independant insurance underwriter because other competitors including the banks and challenger brands are likely to have a similar ability to provide strong price-based competition (IAG / Wesfarmers)

157

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 (...)

Australian Competition Authority The Australian Competition Authority issues a draft determination proposing to grant authorisation to a professional association of mortgage and finance brokers to adopt a code of disciplinary rules

101

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 (...)

Australian Competition Authority The Australian Federal Court finds restrictive agreements preventing a competitor from entering the market by obtaining direct access to a source of flyash (Cement Australia)

271

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose a proposed acquisition of a distributor of flat steel products after accepting an undertaking to divest certain processing assets (BlueScope Steel / OneSteel Sheet & Coil)

87

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 (...)

Australian Competition Authority The Australian Competition Authority prohibits the acquisition of two power stations by the main electricity retailer (AGL Energy / Macquarie Generation)

147

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 (...)

Australian Competition Authority The Australian Competition Authority issues a draft objection notice proposing to revoke two collective bargaining notifications lodged by a national industry body representing the interests of online wagering and sports betting companies (AWC)

146

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission outlines its policy priorities for 2014 underlining that cartel conduct, anticompetitive agreements and misuse of market power will always be assessed as a primary concern

91

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 (...)

Australian Competition Authority The Australian Competition Authority launches a market consultation on commitments in relation to a proposed acquisition of the business and assets of an energy supplier (AGL Energy / Macquarie Generation)

183

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 (...)

Australian Competition Authority The Australian Competition Authority institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)

224

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 (...)

Australian Competition Authority The Australian Competition Authority grants authorization to eight regional councils in New South Wales to enable them to jointly tender and contract for waste management

197

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 (...)

Australian Competition Authority The Australian Competition Authority launches its twice-yearly report providing a summary of activities in the small business and franchising sectors and updates on industry codes

1392

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation for collective negotiations between coal producers (Tanna Coal Export Terminal Producers / GPC)

133

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose proposed acquisition on the market for manufacture and supply of roll formed products (BlueScope Steel / Fielders)

67

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 (...)

Australian Competition Authority The Australian Federal Court orders by consent the payment of $2.2 million in penalties for engaging in resale price maintenance for branded air conditioning products (Mitsubishi Electric)

267

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission conditionally approves a proposed acquisition in life science sector (Thermo Fisher Scientific / Life Technologies)

173

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with the proposed acquisition in the local market for the supply of takeaway packaged liquor (Lindisfarne Cellars / Woolworths)

87

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases a report of its draft decision to continue regulating the termination of calls on mobile phone networks

178

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases draft reports proposing to maintain the existing regulation of wholesale services supplied using copper network, other fixed line infrastructure and transmission routes (Telstra)

155

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 (...)

Australian Competition Authority The Australian Competition Authority takes action against alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications (NSK)

184

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to grant authorisation to eight regional councils to enable them to jointly tender for waste collection services, and recyclables and organic waste processing services (New South Wales)

151

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to authorise collective bargaining arrangements advanced by a number of specific suppliers of wagering services, energy services and insurance (Clubs Australia)

145

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to grant authorisation to enable a chain of up-market department stores to continue to invite certain businesses to participate in various promotions (Myer)

160

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. (...)

Australian Competition Authority The Australian Competition and Consumer Commission files civil proceedings against a cartel that allegedly denied the benefits of lower prices for laundry detergent products to the consumers (Woolworths)

193

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft determination proposing to allow a collective bargain with office products suppliers (Office Choice)

67

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 (...)

Australian Competition Authority The Australian Federal Court finds that a travel agent attempted to induce certain airlines to make collusive arrangements with it in relation to retail air fares for international air travel (Flight Centre)

190

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission calls for comment on proposed acquisition on the market for supply of steel coil (BlueScope / Fielders)

58

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission allows minor variations on the authorisation of a joint venture on the market for port terminal operations (AAT)

156

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with a proposed acquisition that may result in a substantial lessening of competition as it would remove the only independent full-line supermarket in the local market (Woolworths / Renaissance Supa IGA)

176

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 (...)

Australian Competition Authority The Australian Competition Authority clears a merger on the market for supply of floor-plan financing to motor vehicle dealerships, point-of-sale retail finance to customers of motor vehicle dealerships and equipment finance to a range of businesses (Lloyds International / Westpac Banking)

153

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) (...)

Australian Competition Authority The Australian Competition and Consumer Commission decides to re-authorise collective bargaining arrangements put forward by the national medical association for ten years (NSW)

120

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation to continue to negotiate on behalf of its members in relation to existing terms and conditions of agency agreements and arrangements (Lottery Agents Queensland / Golden Casket Lottery)

99

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 (...)

Australian Competition Authority The Australian Competition Authority issues a draft determination proposing to grant authorization to impose a four-cent per liter/kilogram levy on the sale of agricultural and veterinary chemicals (AgStewardship)

103

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 (...)

Australian Competition Authority The Australian Competition Authority issues a draft decision proposing to consent to a variation in an access agreement as regards a port terminal for bulk wheat export (Viterra)

126

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 (...)

Australian Competition Authority The Australian Federal Court receives a file concerning alleged resale price maintenance on the market for branded air conditioning products (ACCC / Mitsubishi Electric)

144

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission finds that there is insufficient evidence to support a contravention of the cartel provisions in relation to casino operations in New South Wales and Queensland (Echo)

62

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 (...)

Australian Competition Authority The Australian Federal Court dismisses proceedings alleging the violation of price-fixing prohibition in the loan arrangement services market (ANZ)

156

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission publishes for consultation a varied SAU specifying terms and conditions relating to access to fibre-to-the-premises, fixed wireless and satellite networks (NBN)

132

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 (...)

Australian Competition Authority The Australian Competition Authority approves a proposed acquisition in the market for the supply of fixed line broadband services (TransACT Capital Communications / NBN)

131

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) (...)

Australian Competition Authority The Australian Competition Authority publishes its September 2013 quarterly report, including information on cartel proceedings regarding the supply of ball and roller bearings for aftermarket applications

232

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission Chairman welcomes the review of Australian competition law in order to better regulate supermarket issues and enhance consumer welfare

138

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 (...)

Australian Competition Authority The Australian Competition Authority reauthorises doctors’ associations to continue to collectively negotiate with state and territory health departments (RDAA)

162

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft determination proposing to re-authorise collective bargaining arrangements on behalf of visiting medical officers in public hospitals (NSW)

137

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) (...)

Australian Competition Authority The Australian Competition and Consumer Commission and Australian Energy Regulator publish their annual report on competition in the energy sector and consumer choice

153

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 (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorization to a dealer group active in the stationary and office supply to collectively bargain with its suppliers (Office Choice)

119

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to allow the national music copyright collection society to continue its arrangement for the acquisition and licensing of performing rights subject to a range of conditions (APRA)

538

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 (...)

Australian Competition Authority The Australian Competition Authority proposes to allow coordination among credit card issuers and payment processing networks for the removal of signatures as a method of authentication (Visa / MasterCard / American Express)

125

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 (...)

Australian Competition Authority The Australian Federal Court establishes that a defendant has been directly knowingly involved in an anti-competitive arrangement and imposes criminal sanctions (Chaste Corporation)

258

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 (...)

Australian Competition Authority The Australian Federal Court decides that the arrangement to buy large volumes of fly-ash was in violation of section 45 which outlaws anticompetitive agreements (Cement Australia)

148

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 (...)

Australian Competition Authority The Australian Federal Court in Adelaide orders a penalty of $1.35 million against Japanese cable supplier in respect of bid rigging and price fixing conduct (Viscas)

122

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 (...)

Australian Competition Authority The Australian Federal Court in Melbourne orders four foreign based suppliers of marine hose to pay penalties exceeding $8.24 million for engaging in cartel conduct (Marine hose)

81

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, (...)

Australian Competition Authority The Australian Federal Court issues an order by consent against American-based company for cartel behaviour in the international military defence training systems industry (DRS C3 Systems)

158

$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 (...)

Australian Competition Authority The Australian Federal Court of Sidney imposes fines of $485,000 for cartel behaviour involving price fixing and boycotts on the scrap metal market (NSW)

104

$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 (...)

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