The Australian Competition and Consumer Commission has today issued new guidelines, Exports and the Trade Practices Act, which outline its approach to mergers, acquisitions and other collaborative arrangements that aim to enhance exports and the international competitiveness of Australian industry.

These guidelines supplement the ACCCs Merger Guidelines (revised July 1996) which outline its policy for administering and enforcing those provisions of the Trade Practices Act which deal with mergers and related matters.

With Australias economy more exposed to international competition, it is becoming increasingly important for firms to enhance their international competitiveness and increase their share of export markets, ACCC Chairman, Professor Allan Fels, said today.

Mergers and acquisitions, and other collaborative arrangements like joint ventures and export agreements may be the vehicles used by firms to meet the challenges of an increasingly competitive international environment. These arrangements often fall for consideration under competition laws, particularly the merger and authorisation provisions of the Trade Practices Act.

While the ACCC has been responsive to the need of Australian industries to meet the challenges of this new environment, publication of the guidelines represents an opportunity to further assist the business community in understanding the ACCCs approach to international competitiveness issues when administering the Act, and in identifying its options in this area.

These guidelines outline how the ACCC considers international competitiveness factors when it looks at mergers and joint ventures, and suggests a checklist of issues firms and their advisers should consider when approaching the Commission to discuss mergers and other collaborative arrangements which are export-enhancing. The guidelines also contain a number of case studies to illustrate the Commissions approach.

The ACCCs aim is to improve understanding of its approach and to assist the business community in understanding its options.

The guidelines have been developed in consultation with the Supermarket to Asia Councils Working Group on Business Competitiveness, whose industry experts have provided invaluable comments whilst the guidelines were being drafted.

In conjunction with the release of the guidelines, the Commission has nominated an 'export contact officer' in each of its offices, who can be directly contacted by industry to discuss issues relating to the treatment of export issues and the guidelines. At the Commission level itself, the Commissions Deputy Chairman, Mr Allan Asher, who sits on the Supermarket to Asia Councils Working Group on Business Competitiveness, will be the nominated Commissioner to handle inquiries relating to export issues and the guidelines.

Copies of the guidelines are available from all ACCC offices, and will soon be available on the ACCCs home page on the internet (http://www.accc.gov.au).

For further information on this media release Professor Allan Fels, pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (02) 6264 2808