P&O Trans Australia (WA) Pty Ltd - proposed acquisition of container park businesses from Baguley Containers Pty Ltd and Baguley Hire/Sales Pty Ltd
Type of assessment
Informal Review
Reference
31445
Acquirer(s)
P&O Trans Australia (WA) Pty Ltd
Target(s)
Baguley Containers Pty Ltd
Industry
Container park operation
Summary
P&O Trans Australia (WA) Pty Limited (POTA (WA)), a subsidiary of POTA Holdings Pty Limited proposal to acquire the container park businesses of Baguley Containers Pty Limited and Baguley Containers Hire/Sales Pty Limited (together, Baguley).
Outcome of assessment
Not opposed
Total review days *
39
Commenced public review
13th March 2008
Date completed
9th May 2008
Market definition
The ACCC considered the relevant market for the supply of storage, handling and associated services for empty containers in Perth.
Competition analysis
On 9 May 2008, the ACCC formed the view that the proposed acquisition was unlikely to substantially lessen competition in the relevant market. Factors informing this conclusion included:
- that the off-port container park, Intermodal Link Services, would be an effective constraint on the merged firm and has the capacity for increased demand in its services should the merged firm attempt to use any perceived market power;
- low barriers to entry, and
- the bargaining power of shipping lines in their ability to switch suppliers and/or sponsor new entry into the relevant market.
Review timeline
Date
Event
13th March 2008
ACCC commenced review under the Merger Review Process Guidelines.
2nd April 2008
Closing date for submissions from interested parties.
8th May 2008
Proposed date for announcement of ACCC's findings.
9th May 2008
ACCC announced it would not oppose the proposed acquisition.
* Total Review days = Total business days less public holidays and time during which the review was suspended.