The ACCC has outlined preliminary competition concerns with realestate.com.au’s proposed acquisition of Dynamic Methods in a statement of issues published today.
The ACCC was not notified of the proposed acquisition and commenced a public review once it became aware of the proposed deal.
“This is yet another example of a potentially concerning merger not being notified to the ACCC under the current informal voluntary system. It highlights the importance of reforming Australia’s merger laws,” ACCC Commissioner Liza Carver said.
REA Group (ASX:REA), which owns and operates realestate.com.au, is the largest supplier of digital real estate advertising services in Australia and has acquired companies supplying services and products which complement its real estate advertising services in recent years.
Dynamic Methods operates the only national forms platform that enables real estate agents to access and use digital real estate forms, such as contracts for the sale and leasing of homes. The forms are created and maintained by real estate institutes in each state and territory except Victoria, where Dynamic Methods supplies its own forms.
“We are concerned that by expanding REA Group’s existing ecosystem of products and services, this acquisition may extend REA Group’s already strong position and give it the ability and incentive to significantly harm competitors,” Ms Carver said.
“Industry participants such as real estate service providers have expressed serious concerns to us about how the proposed acquisition will entrench REA Group’s position of strength in the supply of real estate services.”
“Many are concerned that REA Group, which operates realestate.com.au, will have the ability to control access to, and data from, digital forms which are necessary for providing real estate related services,” Ms Carver said.
The ACCC is concerned that the proposed acquisition may reduce competition in markets for the supply of digital real estate products and services that encompass REA Group’s ecosystem of products and services. This includes real estate advertising services, digital real estate forms, real estate agency software solutions, and property data services.
The ACCC is considering the impact of the proposed acquisition and the extent to which REA Group owning the largest supplier of digital real estate forms may further advantage REA Group’s ecosystem of real estate businesses and harm competition.
The statement of issues can be found on the ACCC’s public register at realestate.com.au – Dynamic Methods.
The ACCC invites submissions in response to the statement of issues by 1 March 2024.
Background
realestate.com.au is a wholly owned subsidiary of REA Group (ASX:REA). REA Group provides digital advertising services for residential and commercial real estate, including through the websites and apps known as realestate.com.au, realcommercial.com.au and flatmates.com.au.
REA Group is also involved in mortgage broking and lending and agent solutions through its ownership/investments in:
- Mortgage Choice Pty Ltd, an online mortgage broking franchise
- PropTrack Pty Ltd, a property data and valuation services provider and property.com.au, an online property research website
- Campaign Agent Pty Ltd, a provider of vendor paid advertising and home preparation finance solutions
- Realtair Pty Ltd, a digital platform which enables real estate agents to manage real property transactions online
- Managed Platforms Pty Ltd, a property management software solution for the collection and payment of property management related fees
- Simpology Pty Ltd, a mortgage applications and e-lodgement service provider
- Arealytics, a provider of commercial real estate information and technology.
Dynamic Methods provides a digital forms platform to distribute and facilitate the use of real estate institutes’ digital real estate forms by real estate agents in all states and territories except Victoria.
In Victoria, Dynamic Methods supplies its own forms directly to real estate agents. The Real Estate Institute of Victoria supplies its forms via a competing digital forms platform.
Dynamic Methods’ platform can be integrated into real estate agency software solutions and data platforms but does not currently integrate with any digital property listing platforms.