Merger Authorisation guidelines 15. Merger Authorisation Guidelines 2017 7 2 What authorisation provides Why apply for merger authorisation? a public version of your application for publication on the public register containing sufficient information to enable public consultation on your application, a signed declaration by the applicant that the application is true, correct and complete. The ACCC can authorise a proposed acquisition when it is satisfied that the statutory test has been met. These guidelines reflect the proposed approach of the ACCC to assessing applications for non-merger authorisation following changes to the authorisation test which came into effect on 6 November 2017. Pre-lodgment discussion between the applicant and the ACCC to outline the merger proposal and discuss the information that is likely to be needed to assess the application. In the case of the proposed acquisition, the period of time is 12 months. Merger Authorisation Guidelines and Application for Authorisation of a Proposed Merger or Acquisition Page 2 4. This guide helps businesses and their advisors to lodge applications for authorisation, and interested parties to provide submissions. 1.9 The following chart provides an overview of the steps in the non-merger authorisation process with indicative times for key milestones. a signed section 87B undertaking not to proceed with the proposed acquisition while the ACCC is considering the application. It includes the following steps. All confidentiality claims must be substantiated. 2.1 A person who obtains merger authorisation from the ACCC obtains statutory protection from legal action under section 50 of the Act for the proposed acquisition. The 90-day statutory time period also applies to applications for revocation, revocation and substitution, or minor variation of a merger authorisation. These were replaced with new Merger Authorisation Guidelines published on 24 October 2018. The ACCC may not grant authorisation unless it is satisfied that either: Merger authorisation cannot be granted to acquisitions that have been completed. The ACCC will invite submissions on the application from interested parties, conduct other market inquiries and research while consulting with interested parties, and seek further information from the applicant as needed. Authorisation provides statutory protection for conduct that may otherwise contravene the competition provisions of the Competition and Consumer Act 2010 ( CCA ). The ACCC’s Merger Guidelines (2008) and Merger Authorisation Guidelines (2017) provide applicants with guidance on issues which the ACCC will expect to be addressed in an application for merger authorisation or informal review. In August 2018 the ACCC published Guidelines for non-merger authorisation: See ACCC Guidelines for non-merger authorisation (30 August 2018) Class exemptions . The ACCC encourages merger parties to contact the ACCC for a pre-lodgement discussion to clarify what information and evidence may be needed to assess the application. Applications can also be lodged by mail or in person at an ACCC office. The ACCC must not grant authorisation unless it is satisfied that the statutory test is met. The 90-day time limit can be extended by any additional period provided the applicant agrees, in writing, before the expiration of the time period. Under these reforms the: ACCC is the first instance decision maker on applications for merger authorisation. Refer to section Merger authorisation guidelines 2018 On 31 October 2017 the ACCC released Guidelines on merger authorisations for consultation. This submission recommends changes to the Final Guidelines to provide business with greater certainty about how the new laws will operate and to ensure the The ACCC cannot provide legal advice, although it can provide general guidance on the application and assessment process. ACCC Merger Review Process Guidelines (July 2006) ACCC Merger Authorisation Guidelines (for consultation) (2017) ACCC Media Merger Guidelines (2017) Merger authorisation provides protection from legal action under section 50 of the Competition and Consumer Act. the likely public benefit from the proposed acquisition outweighs the likely public detriment, including any lessening of competition. The ACCC’s Merger Authorisation Guidelines outline the legislative requirements and procedural steps for parties wishing to apply to the ACCC for authorisation of proposed mergers and acquisitions. A public version of your application must contain sufficient information to enable consultation. authorisation) supplement the Merger Guidelines 2008 and outline the processes involved in an ACCC merger clearance review. An authorisation provides the merger parties with statutory immunity. Click here for an overview of the merger guidelines in Australia. ACCC must make a determination either granting or denying merger authorisation within 90 days of receiving a valid application. The merger authorisation process is public and the application for merger authorisation, all related submissions by the applicant and interested parties, and the ACCC’s determination, are placed on the merger authorisations public register. These guidelines have been updated following consultation. Submissions or information received after the specified date may, but need not, be taken into account. The ACCC's interim Merger Authorisation Guidelines, released in late 2017, provide that the ACCC will take into account "any benefits that would result from the proposed acquisition, regardless of the market in which that … 1.7 Broadly, the ACCC may grant authorisation where proposed conduct is likely to result in a net public benefit (i.e. The ACCC will likely approach the public benefits test in an application for merger authorisation in the same way as the recent NZ decision. If the ACCC refuses to grant merger authorisation, (limited) merits review of the ACCC's decision may be sought by application to the Tribunal. While the ACCC is not required to publish a draft determination in the merger authorisation process, the ACCC expects to engage with the applicant prior to the final determination to provide feedback in relation to the application. We have prepared guidelines to help businesses and their advisers understand the provisions relating to merger authorisations, and how the ACCC proposes to assess applications for merger authorisation under the new test. Merger authorisation guidelines. ACCC merger authorisation. The Committee has focussed its comments on specific aspects that in its experience are likely to be of significance to potential applicants, largely relating to the timeliness and transparency of the ACCC’s process. A person who obtains merger authorisation from the ACCC obtains statutory protection from legal action under section 50 of the Act in respect of the proposed acquisition. The Australian Competition and Consumer Commission (the Commission) has recently cited difficulties in proving that some mergers would result in a breach of The time allowed for the ACCC to make a determination can be extended if the applicant agrees for the ACCC to take a specified longer period of time to make the decision. The steps involved in the merger authorisation review process include: The ACCC then makes a final determination, which may be to grant authorisation, grant authorisation subject to conditions or undertakings under section 87B, or deny authorisation. Guidelines for non-merger authorisation. The draft Merger Authorisation Guidelines 2017, released by the ACCC this week, provide an overview of the new authorisation process. The proposed acquirer can approach the ACCC and discuss the merger and their application before lodgment. While the merger authorisation is in force, the authorised parties will be able to acquire the relevant shares or assets without risk of the ACCC or third parties taking legal action for a contravention of section 50 of the Act. The guidelines reflect the ACCC’s current approach to assessing applications for authorisation and replace the approach adopted by the ACCC in 2007. These will vary from merger to merger, but might include issues such as diversity of media voices, the impact of technological change, and access to content. This immunity bars the merger from being challenged so long as it is completed within a period of time determined by the ACCC. ACCC Merger Guidelines (November 2008) Final Guidelines released 21 November 2008 and replace the 1999 Guidelines. application for authorisation. Its ability to do so will depend on the information and evidence provided as part of the application, along with the complexity of the matter under review. See also: Merger authorisation guidelines, If you have any questions about lodging an application for merger authorisation, please contact us at mergers@accc.gov.au, COVID-19 (coronavirus) information for consumers, Unauthorised transfer of landline & internet services, Consumer rights for landline & internet services, COVID-19 (coronavirus) information for business, Industry associations & professional services, Competing fairly in professional services, Transmission services & facilities access, Retail electricity pricing inquiry 2017-2018, Monitoring & reporting for container stevedoring, Australian Competition & Consumer Commission, Compliance & enforcement policy & priorities, UniSA & ACCC Competition Law & Economics Workshop, Mergers & Competition Exemptions consultations, Cookies, website analytics & other website information, Digital platform services inquiry 2020-2025, Feminine hygiene products price monitoring, Foreign currency conversion services inquiry, Murray-Darling Basin water markets inquiry, Residential mortgage products price inquiry, Authorisations and notifications registers, Collective bargaining notifications register, Resale Price Maintenance notifications register, the proposed acquisition would not be likely to substantially lessen competition or. COVID-19 (coronavirus) information for consumers, Unauthorised transfer of landline & internet services, Consumer rights for landline & internet services, COVID-19 (coronavirus) information for business, Industry associations & professional services, Competing fairly in professional services, Transmission services & facilities access, Retail electricity pricing inquiry 2017-2018, Monitoring & reporting for container stevedoring, Australian Competition & Consumer Commission, Compliance & enforcement policy & priorities, UniSA & ACCC Competition Law & Economics Workshop, Mergers & Competition Exemptions consultations, Cookies, website analytics & other website information, Digital platform services inquiry 2020-2025, Feminine hygiene products price monitoring, Foreign currency conversion services inquiry, Murray-Darling Basin water markets inquiry, Residential mortgage products price inquiry, Authorisations and notifications registers, Collective bargaining notifications register, Resale Price Maintenance notifications register. However, the ACCC does not prescribe a format as to how applications should be drafted. The ACCC Merger authorisation guidelines help businesses and their advisers understand the provisions relating to merger authorisations, and how the ACCC proposes to assess applications for merger authorisation under the new test. A valid application for merger authorisation requires: The ACCC prefers applications to be lodged electronically, at mergers@accc.gov.au. 04/06/2021: Closing date for submissions. As part of … The ACCC cannot authorise a completed acquisition.3 Merger authorisation provides protection from legal action under section 50 of the Competition and Consumer Act. Merger parties should provide all relevant information and evidence, including any expert reports intended to be relied on. In some cases, it will also be open to 1 See Merger Authorisation Guidelines. The ACCC's interim Merger Authorisation Guidelines, released in late 2017, provide that the ACCC will take into account "any benefits that … 2 It is an offence to knowingly provide false or misleading information to the ACCC. the ACCC has 90 days to make a decision regarding a merger authorisation, starting from the day the ACCC receives a valid application. Detailed information about how the ACCC applies the authorisation test and generally assesses public benefits, detriments and the impact of conduct on competition is in the ACCC’s Guidelines for Authorisation of Conduct (non-merger). Reflecting these merger options and the new merger authorisation process, in October 2018 the ACCC released new Merger Authorisation Guidelines. Future with and without The ACCC must make a determination either granting or denying merger authorisation within 90 days of receiving a valid application. 1.7. Merger parties may seek statutory protection from legal action under section 50 of the Act by lodging an application for merger authorisation. where the likely public benefit resulting from the conduct outweigh the likely public detriment). The Formal Merger Review Process Guidelines also outline the legislative requirements for parties wishing to apply to the Tribunal for authorisation of proposed mergers and acquisitions. Applicants and interested parties providing information to the ACCC regarding an authorisation may make a claim for confidentiality and ask that the information, or parts of it, be excluded from the public register. The ACCC is required to publish reasons for its decision to grant or refuse merger authorisation. A company may apply to the ACCC for authorisation of anti-competitive conduct (including cartel conduct and misuse of market power) on public benefit grounds; or it may lodge a notification with the ACCC for exclusive dealing, resale price maintenance or collective bargaining arrangements. The Guidelines follow the reforms to the merger provisions that came into operation on 6 November 2017 following recommendations in the Harper Report. ... ACCC Guidelines - Use of s 155 Power (ACCC 24 October 2018 - updated June 2019) (replace Guidelines of 7 September 2016) Compliance and enforcement policy (ACCC) Merger authorisation guidelines (October 2018) Authorisation process - the basics. Significant reforms to the authorisation and notification provisions of the Competition and Consumer Act 2010 (CCA) came into effect on 6 November. Consultation with interested parties will take place according to strict timeframes for the submission of information. Merger authorisations are an alternative to the informal merger review process. On 31 October 2017 the ACCC released Guidelines on merger authorisations for consultation. Merger authorisation The ACCC can authorise a proposed acquisition when it is satisfied that the statutory test has been met. Guidelines for Authorisation of Conduct (non-merger) The documents, released for comment, set out how the ACCC will interpret and apply recent changes to the Act. These were replaced with new Merger Authorisation Guidelines published on 24 October 2018. That is, the ACCC may grant authorisation only if it is satisfied that the likely public benefit from the conduct outweighs the likely public detriment. Authorising and notifying cartel conduct. The applicant will be invited to provide a response to the issues raised in submissions. the ACCC assesses the merger on an informal basis applying a substantial lessening of competition test or applicants apply to the ACCC for merger authorisation for a proposed acquisition which will be assessed under test outlined in paragraph 1.10. Applications lodged by email should be accompanied by a covering letter that includes details of how and when the lodgement fee will be paid. Acquisitions that can be authorised 2.5 The ACCC can grant merger authorisation only in respect of an acquisition that has not yet been made. The ACCC must grant or refuse authorisation within 90 business days (if it does not, the application is taken to be refused). The ACCC has been given powers to create ‘class exemptions’ for particular types of conduct. These guidelines have been updated following consultation. [4] Consequently, parties are likely going to want to engage with the ACCC prior to lodging an application for authorisation. authorisation test for mergers and the test for other conduct that may substantially lessen … 05/08/2021: Proposed date for announcement of ACCC’s findings (as outlined in the Informal Merger Review Process Guidelines, this may be a final decision or release of a Statement of Issues). The authorisation process begins once a valid application is received, which includes receipt of a public version of the application, payment of the lodgement fee, a signed declaration that the application is true, correct and complete, and a section 87B undertaking not to proceed with the proposed acquisition while the ACCC is considering the application. If the ACCC does not determine an application for a merger authorisation within the 90-day period, the ACCC is taken to have refused to grant authorisation. Accessibility The ACCC Media Merger Guidelines provide guidance on our approach to media mergers and outline potential areas of focus for the ACCC when assessing mergers in the media sector. We have prepared guidelines to help businesses and their advisers understand the provisions relating to merger authorisations, and how the ACCC proposes to assess applications for merger authorisation under the new test. The ACCC may give less weight to a statement or submission that is not supported with corroborating evidence. ACCC commenced informal review under the Informal Merger Review Process Guidelines. The ACCC’s draft guidelines for merger authorisations state that the ACCC expects applicants to contact it for informal discussion and guidance before lodging their applications. Once the 90-day time period has begun, the ACCC is limited in its ability to accept amendments to an application. As merger parties are not legally required to notify the ACCC of a merger, they also merger authorisation.
Café De Spaanse Vloot, Memrise French Reddit, Consumer Council For Water Email, Smokepurpp Beat Email, Sundance Center Fort Worth, Burning Sensation In Foot After Knee Surgery, Beginner Runner Hip Pain,