The Australian Competition and Consumer Commission proposes to grant authorisation to Tabcorp Wagering Manager (Vic) Pty Ltd to give effect to two agreements it has entered into with Racing and Wagering WA (RWWA) and ACTTAB Limited for a period of six years.
The 2012 Agreements govern RWWA's and ACTTAB's continuing participation in the SuperTAB pool operated by Tabcorp. Both RWWA and ACTTAB have previously participated in the SuperTAB pool pursuant to authorisation granted by the ACCC in 2009, which expired on 15 August 2012.
The SuperTAB pool is a pooling arrangement which operates on a ‘gross pool basis’ giving participants access to consolidated odds, whereby dividends are calculated at the conclusion of all wagering.
“The ACCC considers that each of the 2012 Agreements is likely to result in benefits to the public by improving the stability of the totalisator pools offered by RWWA and ACTTAB,” ACCC Chairman Rod Sims said.
“The ACCC considers that the competitive detriments from this agreement are likely to be small due to the exclusive licensing arrangements in place in each state and territory. Additionally, the significant presence of betting exchanges and corporate bookmakers in Australia and overseas are likely to act as a constraint on the level of competitive detriment,” Mr Sims said.
Tabcorp, and each of ACTTAB and RWWA, are the sole licensed pari-mutuel wagering operators in their respective state or territory.
On 15 August 2012, the ACCC granted conditional interim authorisation to give effect to the 2012 Agreements on condition that they do not give effect to international provisions contained in the 2012 Agreements. The ACCC is now granting interim authorisation without condition to commence on 7 November 2012.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
The ACCC is now seeking submissions on the draft determination. Further information about the application for authorisation is at www.accc.gov.au/AuthorisationsRegister.