Relevant guidelines for mergers

Potential merger parties should refer to the following guidelines:

• Merger guidelines 2008
• Merger review process guidelines 2006
• Formal merger review process guidelines 2008
• Guidelines for excluding information from the public register
• Media mergers

Merger guidelines 2008

The Merger guidelines 2008 outline the analytical and evaluative framework applied by the ACCC when reviewing mergers under the Act. It provides guidance on the factors the ACCC considers relevant to its consideration of mergers and includes discussion of the issues relevant to enforceable undertakings. The guidelines do not have any legal force in determining breaches of the Act—final determination on the issues is a matter for the courts.

This publication was publicly released on 21 November 2008 and replaces the Merger guidelines 1999.

Merger review process guidelines 2006

The Merger review process guidelines 2006 supplement the Merger guidelines 2008 by providing a reliable, comprehensive and detailed guide to merger parties, the business community, their advisers and the public, which they can draw on to predict the processes the ACCC will apply to informal merger reviews. It reflects the ACCC’s commitment to the timely, consistent and transparent assessment of mergers while preserving the benefits of the informal system that has evolved over the years.

The process guidelines took effect from 1 July 2006 and replace the Guideline for informal merger review, which was originally issued in October 2004.

Formal merger review process guidelines 2008

The Formal merger review process guidelines 2008 also supplement the Merger guidelines 2008and outline the approach the ACCC proposes to take in assessing applications for formal merger clearance and the requirements applicants must meet for merger clearances. It also outlines the legislative requirements on parties wishing to apply to the Australian Competition Tribunal for authorisation of proposed mergers and acquisitions.

Guidelines for excluding information from the public register

The Guidelines for excluding information from the public register outline how to request the ACCC to exclude information from the public merger clearance register, how the ACCC assesses claims and what happens when a claim is denied. This guideline is relevant to formal merger clearances only—it does not apply to informal merger reviews.

Media mergers

The Australian Government discussion paper on media reform issued in March 2006 indicated that the ACCC would be asked to articulate its proposed approach to media mergers, with a particular focus on media market definition. The government announced its media reform proposals on 13 July 2006. Consequently, the ACCC issued a paper on Media mergers.

The ACCC's paper provides guidance on its approach to media mergers. It discusses how the ACCC might consider issues such as the various dimensions of media markets—products, geographic and functional—as well as the relevant timeframe for considering media mergers.

The paper does not and cannot provide hard-and-fast rules about the effect of specific media mergers on competition. The individual circumstances and competitive implications of any media merger proposals will need to be considered during a comprehensive and public clearance process.

For further information on this paper, please contact the ACCC Infocentre on 1300 302 502 or email mergers@accc.gov.au.

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