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ARTICLE · 08 OCTOBER 2008

New Creeping Acquisitions Proposals Raise Real Concerns

Clayton Utz
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The Commonwealth Government has released a discussion paper about whether the Trade Practices Act 1974 (the TPA) should be amended to make it easier for the Australian Competition and Consumer to take action against so-called "creeping acquisitions".

AustraliaAntitrust/Competition Law
David Ball
David Ball
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Key Point

  • Both proposed models would require greater ACCC analysis of ordinary acquisitions.

The Commonwealth Government has released a discussion paper about whether the Trade Practices Act 1974 (the TPA) should be amended to make it easier for the Australian Competition and Consumer to take action against so-called "creeping acquisitions".

"Creeping acquisitions" generally refers to the acquisitions of a number of individual assets or businesses over time which, individually, are unlikely to contravene the mergers test in the TPA, but which, when taken together, may have such an effect.

In these circumstances, it has been claimed that the ACCC cannot focus on a substantive consideration of any prior acquisitions and on the impact on which those acquisitions have cumulatively had on competition in the relevant market.

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