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Competition Quarterly - June 2009

1/06/2009
  • In brief
    Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 - amendments to the joint venture exception
  • Five things you need to know about... dealing with the ACCC on a voluntary basis
    A ‘dawn raid’ is a well-recognised, often public example of the ACCC’s formal enforcement powers. However the ACCC may also conduct investigations on a more informal, voluntary basis. This informal approach is sometimes preferred by the ACCC for being less intrusive, faster and more flexible. For this reason, many businesses may experience a voluntary request for information rather than a compulsory notice and should be aware of the parameters when co-operating with the ACCC on this basis.
  • Our publications
    India’s new competition laws: regulating anti - competitive conduct- 22 May 2009 On 20 May 2009, the Indian Government formally notified provisions in the Competition Act of India relating to anti - competitive agreements and abuse of dominance. The Indian Government has also establisheda Competition Commission of India, set up to oversee the operation of the Competition Act.
  • International news
    SACC continues aggressive stance on food prices Responding to soaring food prices and widespread allegations of collusion and price fixing, the South African Competition Commission (SACC) has commenced a large scale investigation involving over 30 companies involved with food production and supply.
  • The Global Financial Crisis - will it affect merger review?
    The global financial crisis has significantly impacted markets across the world, leading to corporate failures and market consolidation. In this context, there has been some debate in competition circles of the increased possibility of gaining merger clearance on the basis of a target company’s imminent failure.

​Who does this affect?
All corporations seeking to undertake mergers or make acquisitions in Australia.

​What do you need to do?
These corporations should speak to one of our competition experts to consider whether a failing firm argument would be relevant to merger assessment.

 

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