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ARTICLE · 21 MARCH 2022

ACCC Publishes Its First Report On Ex Post Reviews Of Past Merger Decisions

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Throughout the report, the ACCC has identified a number of ‘key takeaways' that will likely impact the way future merger proposals are assessed.

AustraliaAntitrust/Competition Law
Thomas Jones
Thomas Jones
Patrick Cordwell
Patrick Cordwell
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On 25 February 2022, the Australian Competition and Consumer Commission ("ACCC") published a report detailing the findings from internal reviews of six of its merger determinations from between 2017 and 2019. Through this report, the ACCC has expressed an intention to learn through hindsight, focusing on "useful insights and lessons which are informing our current merger reviews, and the weight we give to different types of evidence from different interested parties."

Throughout the report, the ACCC has identified a number of 'key takeaways' that will likely impact the way future merger proposals are assessed.

Amongst other things, the takeaways may lead to more pressure-testing of justifications put forward by the involved parties, as well as a broader view of what actually has the potential to lessen competition in the modern Australian marketplace.

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