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Metcash Trading Limited - proposed acquisition of Interfrank Group Holdings Pty Ltd (Franklins)


Type of assessment Informal Review
Reference 42640
Acquirer(s)
Metcash Trading Limited
Target(s)
Interfrank Group Holdings Pty Ltd (Franklins)
Industry Supermarkets
Summary
On 29 July the ACCC commenced a review of Metcash Trading Limited's proposed acquisition of the Franklins supermarket business. Metcash is Australia's largest wholesaling and distribution company servicing independent grocery retailers throughout Australia, including those under the IGA and Supa IGA banners. Franklins operates 80 corporate owned and 8 franchised Franklins supermarkets in NSW, and is currently owned by Pick n Pay Retailers (Pty) Ltd, South Africa's largest retailer.
Outcome of assessment Opposed
Total review days * 70
Commenced public review 29th July 2010
Date completed 17th November 2010
Market definition
Please see below.
Competition analysis
This matter was the subject of litigation in the Federal Court in 2010 and 2011 [NSD 1714/2010, NSD 1533/2011]. Please refer to the Federal Court's published judgments in those matters for further details about the ACCC's analysis of this matter.
Statement of issues
Related media releases
Review timeline
Date Event
29th July 2010 ACCC commenced review under the Merger Review Process Guidelines.
19th August 2010 Closing date for submissions from interested parties.
8th September 2010 ACCC timeline suspended to await further information from the merger parties.
15th September 2010 ACCC received further information from merger parties. ACCC timeline recommenced.
22nd September 2010 ACCC published Statement of Issues outlining its preliminary competition concerns with the proposed acquisition.
14th October 2010 Decision date delayed from 11 November 2010 to 18 November 2010 to allow for the provision of documents by the merger parties.
15th October 2010 Closing date for submissions in relation to the Statement of Issues.
18th October 2010 ACCC timeline suspended to await further information from the merger parties.
21st October 2010 ACCC received further information from the merger parties. ACCC timeline recommenced.
17th November 2010 ACCC announced it would oppose the proposed acquisition.

* Total Review days = Total business days less public holidays and time during which the review was suspended.

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