Mergers

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Competition Law with Dr Julie Clarke

Education


Julie instructs a presentation on mergers. The sections of merges Julie is looking at are predominantly related to sections 50 and 50A. These sections are referred to as structural rather than behavioural prohibitions because they are designed to effectively stop any structural changes within the market. Elements within section 50 consist of: 1.Corporation, 2. Acquiring Directly or indirectly, 3. Shares or assets in a body corporate, 4. with the effect or likely effect of SLC in a market. Case 1: Involves TPC v.s Ansett Transport Industries (1978) Issue: Would Ansett by acquiring Avis in a position to dominate the Australian car rental market. Case 2: Australian Gas Light Co v.s ACCC (2003). Facts: Only case so far on SLC test for mergers. Section 50A: Relates to International merges and applies to certain acquisitions occurring outside of Australia.