On 11 February 2009, the ACCC announced its decision to oppose the proposed acquisition.
Baiada proffered an undertaking to address the ACCC's concerns about the impact that the proposed acquisition may have on the market for the wholesale supply of processed chicken meat.
The undertaking aims to maintain competition through the creation or strengthening of an additional viable, stand alone, independent and long term competitor for the wholesale supply of processed chicken meat products to Quick Service Restaurants, particularly to customers with requirements for large volume purchases across multiple states of Australia.
Outcome of assessment
Not opposed subject to undertakings
Total review days *
154
Commenced public review
12th November 2008
Date completed
30th June 2009
Market definition
Please refer to the Public Competition Assessment.
Competition analysis
Please refer to the Public Competition Assessment.
Public competition assessment
Public Competition Assessment 27th February 2009 D09+35857.pdf (161.3 KB)
Statement of issues
Statement of Issues 17th December 2008 D08+126443.pdf (101.4 KB)
Undertakings
Final 87B Undertaking 30th June 2009 D09+71160.pdf (2.9 MB)
With Confidential Schedules 7 and 8 in full as required by clauses 3.6(b) and 3.7 of the Undertaking. 30th June 2009 D09+106799.pdf (3.0 MB)
The Australian Competition and Consumer Commission today announced that it intends to oppose the ...
Issued: 11th February 2009
Release # NR 026/09
Review timeline
Date
Event
12th November 2008
ACCC commenced review under the Merger Review Process Guidelines. Market inquiries commenced.
3rd December 2008
Closing date for submissions from interested parties.
17th December 2008
Former proposed date for announcement of ACCC's findings of 14 January 2009, amended to allow for further market inquiries in response to the Statement of Issues.
17th December 2008
ACCC published a Statement of Issues outlining preliminary competition concerns.
27th January 2009
Closing date for submissions relating to Statement of Issues.
11th February 2009
ACCC announced it would oppose the proposed acquisition.
9th April 2009
Proposed s87B undertaking proffered by Baiada. ACCC commenced market inquiries relating to the proposed undertaking.
24th April 2009
Closing date for submissions relating to the proposed undertaking.
4th May 2009
ACCC timeline suspended pending receipt of further information from the proposed purchaser.
23rd June 2009
ACCC received further information from proposed purchaser. ACCC timeline recommenced.
30th June 2009
ACCC announced it would not oppose the proposed acquisition, following acceptance of Baiada's s87B undertaking.
* Total Review days = Total business days less public holidays and time during which the review was Suspended.
