ACCC Introduces Proposals For Merger Reform Including Specific Reforms For Digital Platforms

Last year, the Australian Competition and Consumer Commission ("ACCC") flagged its plans to seek reforms to Australia's merger laws in light of its concerns that big Tech companies are enjoying unprecedented market power. Recently, the ACCC introduced some concrete proposals for merger reform in a speech given by Rod Sims at the Competition and Consumer Workshop on 27 August 2021. While most of the proposals would apply to companies across the economy, the ACCC has proposed specific changes for digital platforms. This follows-on from the ACCC's ongoing concerns regarding the alleged dominance of tech-companies such as Google, Apple, Facebook, and Amazon, and the ability of these companies to acquire smaller and innovative competitors. Examples of acquisitions that the ACCC has taken issue with in the past include Google's acquisition of Fitbit (see our article here), and Facebook's acquisition of Giphy. However it's fair to say that, like regulators in a number of