The Australian Competition and Consumer Commission has granted authorisation to Tabcorp Wagering Manager (Vic) Pty Ltd (Tabcorp) to give effect to two agreements it has entered into with each of Racing and Wagering WA (RWWA) and Tabcorp and ACTTAB Limited (ACTTAB) (2012 Agreements).
The 2012 Agreements govern RWWA's and ACTTAB's participation in the SuperTAB pool operated by Tabcorp. Both RWWA and ACTTAB have previously participated in the SuperTAB pool, pursuant to authorisation granted by the ACCC in 2009 which expired on 15 August 2012.
The SuperTAB pool is a pooling arrangement which operates on a “gross pool basis” giving participants, including RWWA and ACTTAB, access to consolidated odds, whereby dividends are calculated at the conclusion of all wagering.
Tabcorp, ACTTAB, and RWWA, are the sole licensed pari-mutuel wagering operators in their respective state or territory.
On 7 November 2012, the ACCC granted full interim authorisation to the applicant to give effect to the 2012 Agreements.
“The ACCC considers that each of the 2012 Agreements will improve the stability of the totalisator pools offered by RWWA and ACTTAB and promote further public benefits which flow to the racing industry due to funding arrangements between ACTTAB, RWWA and Tabcorp and the racing industry in Victoria, Western Australia, and to the ACT Government and community,” ACCC chairman Rod Sims said.
“The ACCC considers that the competitive detriments from this agreement are likely to be small due to the exclusive licensing arrangements in place in each Australian state and territory and the significant presence of betting exchanges and corporate bookmakers in Australia and overseas which are likely to act as a constraint on the level of competitive detriment.”
The ACCC is authorising the RWWA and ACTTAB 2012 Agreements for 6 years, expiring 15 August 2018.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
More information about the application for authorisation, including a copy of the ACCC's draft determination and public submissions, will be available on the ACCC public website.