How to apply for s50 merger authorisation

An application under section 95AU for authorisation of a merger falling within the meaning of section 50 must be made directly to the Tribunal.

The form

Applications for authorisation must be made in accordance with Form S Application for merger authorisation (contained in the Competition and Consumer Regulations 2010). Application forms for authorisations are available below or from the Tribunal’s website at www.competitiontribunal.gov.au.

The application for authorisation must also be accompanied by a signed undertaking to the ACCC under section 87B of the Act (as outlined in Form S of the Competition and Consumer Regulations 2010) that the applicant will not make the acquisition while the application is being considered by the Tribunal. Once the ACCC Chairman signs the undertaking, the ACCC keeps the original undertaking and returns a copy of it to the applicant. If the applicant wishes to receive an original undertaking once it has been signed by the Chairman, the applicant should provide the ACCC with two signed original undertakings with the application—one to be kept by the ACCC and one to be sent back to the applicant.

It is important to note that in order for the application to be valid the application must contain the information required by the form and such other information or documents as are prescribed by the Competition and Consumer Regulations 2010.  Applicants must have regard to the questions contained in the form, the notices and directions attaching to the form, and the Tribunal's practice directions when completing it. The Tribunal's practice directions are available at www.competitiontribunal.gov.au.

The fee

The application must be accompanied by the fee set out in the Competition and Consumer Regulations 2010. The fee is currently set at $25 000.

Applications and the associated fee (payable by cheque) may be lodged at any Federal Court registry. Applicants are required to submit six (6) hard copies of the application and any accompanying information or documents and email an electronic version of the application and any other documents to registry@competitiontribunal.gov.au.

For more information regarding merger authorisation applications to the Tribunal, see the Tribunal’s website at www.competitiontribunal.gov.au.