Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 FEBRUARY 2023

Competition Law: Could your sale or acquisition attract ACCC scrutiny?

Piper Alderman
Piper Alderman
Contributor
Piper Alderman

Piper Alderman

Helping shape the future of business in Australia with practical, commercial and cutting-edge legal...

View firm profile
Explore more from Piper Alderman

Reminder for the hospitality & retail liquor sector to consider whether your transaction could raise competition concerns.

AustraliaAntitrust/Competition Law
Tom Griffith
Tom Griffith
Isabelle Gatley
Isabelle Gatley
Author LinkedIn connections

The Australian Competition and Consumer Commission has recently exercised its competition oversight powers to intervene in proposed acquisitions by one of Australia's largest alcoholic drinks retailers.
This is an important reminder for those entering into transactions for sales, mergers or acquisitions in the hospitality and retail liquor sector to consider whether your transaction could raise competition concerns.

Endeavour's proposed acquisitions

Endeavour Group Limited is a major Australian alcoholic drinks retailer and hotel operator. Its portfolio of brands includes Dan Murphy's, BWS and Cellarmasters.

In October 2022, Endeavour entered into transactions to acquire four South Australian hotels - the Beach Hotel, the Crown Inn, the Tower Hotel and the Whitehorse Inn - and the bottle shops attached to the hotels, which were operated under the Cellarbrations brand.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Australia Moves To Ban Unfair Non-competes, No-poach Agreements, And Wage-fixing Arrangements

The Australian government is consulting on legislation that would treat certain employment-related restrictive covenants and inter-business labor market agreements as cartel conduct, while banning other clauses outright. The proposed bill extends Australia's cartel framework to no-poach and wage-fixing provisions between any employers, and prohibits non-compete clauses for most employees, with severe penalties for non-compliance including fines and potential jail time for individuals.
AustraliaAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Merger Reform Update: Critical Amendments To Australia’s Merger Regime Passed By Parliament

Australia's Parliament has passed critical amendments to the country's new merger regime, replacing automatic voiding of non-notified acquisitions with a court-supervised model and clarifying control exemptions for minority investments. The changes also introduce greater flexibility for stale clearances, though questions remain about whether further reforms are needed to address the regime's underlying complexity and conservative thresholds.
AustraliaAntitrust/Competition Law
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Australia’s Merger Regime Changes Again: Parliament Fine-tunes New M&A Rules

Australia's Parliament has passed significant amendments to the country's merger regime, less than a year after its introduction. The changes address practical concerns around mandatory merger notifications, providing greater flexibility for minority investments, reducing risks from inadvertent notification failures, and allowing extensions for delayed transactions. How will these refinements impact dealmakers navigating Australia's interventionist competition framework?
AustraliaAntitrust/Competition Law
Holding Redlich
Holding Redlich
Article

Key Refinements To Streamline Australia's Merger Control Regime Passed Into Law: Threshold For Control Increased, Removal Of Voiding Provisions And Changes To "Stale" Notification Timelines

Australia's mandatory merger control regime undergoes significant refinement through new legislation that addresses practical challenges businesses have faced since its 2026 introduction. The amendments fundamentally reshape how control and associate relationships are assessed, what happens when acquisitions aren't properly notified, and how parties can manage completion timelines for approved mergers.
AustraliaAntitrust/Competition Law
K&L Gates
K&L Gates
Article

Attempt Is Enough: Record Personal Penalty Signals ACCC’s Zero Tolerance For Cartel Conduct

The Federal Court has imposed a record $1 million personal fine on an executive for attempting to induce competitors into cartel arrangements in the oil and gas services industry, despite all five attempts failing. The Court also issued a non-indemnification order preventing the executive from using insurance or company funds to pay the penalty, marking a significant escalation in competition law enforcement.
AustraliaAntitrust/Competition Law
Cooper Grace Ward
Cooper Grace Ward
Article

Competition And Consumer Law Round-Up

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.
AustraliaAntitrust/Competition Law
K&L Gates
K&L Gates
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Podcast

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Foreign Resident Capital Gains Withholding Changes: More Than Just Another Notification

From 1 October 2026, foreign vendors in transactions valued at $50 million or more must notify the Australian Taxation Office when providing non-indirect Australian real property interest declarations. These new requirements introduce strict notification deadlines, comprehensive reporting obligations, and significant penalties for non-compliance. How will these reforms impact transaction planning, risk allocation between parties, and completion mechanics for cross-border deals?
AustraliaTax
Piper Alderman
Piper Alderman
Article

Benchmarking “not Too Closely” – Is It Still Too Close?

The Full Federal Court has clarified the test for copyright infringement in artistic works on product packaging, rejecting a generalised 'look and feel' approach in favour of detailed side-by-side comparisons. In a dispute between Aldi and Hampden Holdings over baby snack packaging, the Court found that five of Aldi's eleven MAMIA designs infringed copyright, despite Aldi's deliberate strategy to stay 'not too close' to its competitor's benchmark designs.
AustraliaIntellectual Property
Piper Alderman
Piper Alderman
Article

South Australian Royal Commission Into Artificial Intelligence: What Businesses Need To Know Now

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.
AustraliaTechnology
Piper Alderman
Piper Alderman
Article

The hidden risk facing Australia’s credit funds: Property values haven’t fallen, but transactions have

Australia's private credit market faces its first genuine stress cycle as property transaction velocity slows and ASIC intensifies regulatory scrutiny. With delayed exits, extended loan maturities, and increased workout activity creating pressure across the sector, fund managers and trustees must now navigate both commercial challenges and heightened enforcement risk while ensuring their governance frameworks can withstand regulatory examination.
AustraliaFinance and Banking
Piper Alderman
Piper Alderman
Article

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman