Viterra Inc - proposed acquisition of ABB Grain Ltd
Type of assessment
Informal Review
Reference
37549
Acquirer(s)
Viterra Inc
Target(s)
ABB Grain Ltd
Industry
Agri-food products and processing
Summary
Viterra proposed to acquire ABB through a scheme of arrangement.
Outcome of assessment
Not opposed
Total review days *
11
Commenced public review
19th May 2009
Date completed
2nd June 2009
Market definition
The ACCC did not consider it necessary to reach a definitive view on market definition in this matter.
Competition analysis
The ACCC found that as Viterra did not have any interests in Australia and therefore did not overlap horizontally with ABB in any relevant market, the proposed acquisition would have no impact on market concentration in any Australian market. On the vertical side, the ACCC found that the proposed acquisition would not alter ABB's existing level of vertical integration and therefore was unlikely to increase or enhance the merged firm's ability or incentive to foreclose rivals' access to storage and handling at South Australian port terminals. The ACCC's assessment also noted the existing and proposed access undertakings covering third party access to these facilities and services.
Accordingly, the ACCC formed the view that the proposed acquisition was unlikely to substantially lessen competition in any Australian market in breach of section 50.
Review timeline
Date
Event
19th May 2009
ACCC commenced review under the Merger Review Process Guidelines.
29th May 2009
Closing date for submissions from interested parties.
2nd June 2009
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.
