Overview
The Australian Competition and Consumer Commission
(ACCC) has released revised merger guidelines
for public comment on 8 February 2008.
For businesses contemplating a transaction, the biggest
practical issues likely to arise from the revised merger
guidelines are the introduction of new
'notification' thresholds used by the ACCC and
the removal of the existing 'safe harbour'
market concentration thresholds for notification.
This is likely to increase the number and type of mergers
submitted for review.
Submissions are invited on the draft merger guidelines
– to be made by 28 March 2008 to the ACCC.
The revised merger guidelines set out the general analytical
framework applied by the ACCC when assessing whether a merger
(or proposed merger) is likely to substantially lessen
competition under section 50 of the Trade Practices Act
1974 (Cth). Once finalised, the revised
