Mergers

• Mergers matters completed in September 2006
• Section 87B undertakings

Mergers matters completed in September 2006

AGL—proposed acquisition of Sun Retail—On 26 September 2006 the ACCC decided not to oppose the proposed acquisition.

Elgas Ltd—proposed acquisition of Sun Retail's LPG business—On 26 September 2006 the ACCC decided not to oppose the proposed acquisition.

Origin Energy (Australia) Ltd—proposed acquisition of Sun Retail—On 26 September 2006 the ACCC decided not to oppose the proposed acquisition.

Boom Logistics Ltd—acquisitions of the James Group, Camilleri Industries Australia and Sherrin Hire—On 26 September 2006 the ACCC decided not to oppose the proposed acquisition.

Australian Pipeline Trust—proposed acquisition of Allgas Natural Gas Distribution Networks—On 20 September 2006 the ACCC decided not to oppose the proposed acquisition.

Britax Childcare Pty Ltd—proposed acquisition of BabyLove Products Pty Ltd—On 20 September 2006 the ACCC decided not to oppose the proposed acquisition.

Longyear Global Holdings Inc—proposed acquisition of DrillCorp Ltd—On 20 September 2006 the ACCC decided not to oppose the proposed acquisition.

Alinta Ltd—proposed acquisition of Allgas Natural Gas Distribution Networks—On 19 September 2006 the ACCC decided not to oppose the proposed acquisition.

Chiquita Mushrooms Pty Ltd—proposed acquisition of Queensland Mushrooms—On 19 September 2006 the ACCC decided not to oppose the proposed acquisition.

ABC Learning Centres Limited—proposed acquisition of Hutchison's Child Care Services Ltd—On 8 September 2006 the ACCC decided not to oppose the proposed acquisition (subject to undertakings).

Epworth Foundation—proposed acquisition of Cedar Court Private Hospital—On 7 September 2006 the ACCC decided not to oppose the proposed acquisition.

S8 Limited—proposed acquisition of Transonic Travel Limited, Harvey World Travel Group Limited, Gullivers Travel Group Limited, Travelscene Limited—On 5 September 2006 the ACCC decided not to oppose the proposed acquisition.

Linde AG—proposed acquisition of the BOC Group plc and proffered section 87B undertaking—On 5 September 2006 the ACCC decided not to oppose the proposed acquisition (subject to undertakings).

Linfox Transport Australia Pty Ltd—proposed acquisition of FCL Interstate Transport Services Pty Ltd—On 4 September 2006 the ACCC decided not to oppose the proposed acquisition.

ITW Australia Pty Ltd—proposed acquisition of IWD Strapping Sales Pty Ltd—On 1 September 2006 the ACCC decided not to oppose the proposed acquisition.

Section 87B undertakings

A.B.C. Learning Centres Limited—On 8 September 2006 a s. 87B undertaking was offered by A.B.C. Learning Centres Limited in connection with its proposed acquisition of Hutchison’s Child Care Services Ltd. The undertaking aims to overcome ACCC concerns that the proposed acquisition is likely to substantially lessen competition in separate markets for the supply of long-day child care services in certain regional areas.

Linde AG—On 6 March 2006 Linde AG announced its intention to acquire control over the BOC Group plc (BOC), subject to regulatory approvals in Europe and the United States (the proposed acquisition). The proposed acquisition is expected to take place on 5 September 2006.

Linde AG and Linde Gas Pty Limited (Linde Gas) subsequently proffered to the ACCC a s. 87B undertaking (undertaking) that:

• Linde AG will sell all the issued share capital in Linde Gas to a purchaser approved by the ACCC
• Linde AG will hold separate and maintain Linde Gas from the date of the proposed acquisition until the date that Linde Gas is sold
• Linde AG and Linde Gas will appoint an ACCC approved auditor to monitor compliance by the parties with the undertaking.

The ACCC determined that the undertaking is adequate to address ACCC concerns arising from the proposed acquisition in Australian industrial (including medical) helium and specialty gas markets.On 5 September 2006 the ACCC accepted the undertaking proffered by Linde AG and Linde Gas and did not oppose the acquisition of BOC by Linde AG.