Under consideration

Viva Energy - proposed acquisition of Liberty Oil


Viva Energy Australia Pty Ltd (Viva) proposes to acquire the remaining 50 per cent interest in Liberty Oil Holdings Pty Ltd (Liberty). As a part of the transaction, the assets of Liberty’s retail business will be transferred to a new company. Viva will hold a 50 per cent interest in the new retail company.

Viva's operations in Australia include refining, importing, wholesale and retail supply of fuel products.

Liberty is a wholesaler and retailer of fuel products.

Seedvise Pty Ltd

Seedvise seeks re-authorisation to continue to collectively negotiate on behalf of participating Royalty Managers with Grain Buyers over the terms and conditions on which End Point Royalties (EPRs) are collected by Grain Buyers and remitted to Royalty Managers. These terms and conditions include the Collection Fee that Royalty Managers pay to Grain Buyers in exchange for the EPR collection services. Seedvise seeks re-authorisation for a further five years.

An indicative timetable for the ACCC’s assessment of this matter is set out below.

Byron Shire Council, Clarence Valley Council & Ors

On 27 March 2019, Byron Shire Council, Ballina Shire Council, Clarence Valley Council, Kyogle Shire Council, Rous County Council and Tweed Shire Council (together, ‘the Councils’) lodged a collective bargaining notification seeking to jointly tender, negotiate and administer individual contracts with a financial institution for banking and bill payment services. All of the Councils’ previous transactional banking contracts expired on 31 December 2018 and Clarence Valley Council is coordinating a joint tender process.

The Councils seek immunity for six years.

Mustad Australia Pty Ltd

Mustad Australia (Mustad) is an importer, wholesaler and retailer of hoofcare products in Victoria and NSW. These products essentially comprise horse shoes, nails, farrier tools and therapeutic products. Mustad has also operated three Saddleworld stores (retail equestrian businesses). Mustad is proposing to sell the three Saddleworld stores to EQ Saddleworld Pty Ltd (EQS). The notified exclusive dealing conduct involves an exclusive distribution agreement pursuant to which Mustad will supply hoofcare products to EQS and EQS will not acquire hoofcare products from competitors of Mustad.

Renewal SA & Peet Tonsley Apartments

Peet Tonsley Apartments Pty Ltd (Peet) and Urban Renewal Authority, trading as ‘Renewal SA’, are respectively the developer and landholder of the Tonsley Precinct development in Adelaide.

On 18 March 2019 Peet lodged exclusive dealing notification N10000475 relating to 450 Apartments and Renewal SA lodged exclusive dealing notification N10000477 relating to 400 Townhouse allotments at the Tonsley Precinct.

Byron Shire Council & Ors

On 15 March 2019, Ballina Shire, Byron Shire and Richmond Valley Councils (together, the Councils) lodged a collective bargaining notification under which they propose to jointly tender, negotiate and administer contracts with the successful contractor for the receipt and processing of recyclables for their respective local government areas. The Councils requested immunity for six years.

The notification does not include services for the collection of kerbside waste or recyclables.

APLNG's proposed acquisition of Origin's Ironbark gas project


Proposed acquisition of Origin Energy ATP 788P Pty Ltd (Ironbark) by Australia Pacific LNG Pty Limited (APLNG). 

Ironbark is a wholly Origin-owned proposed coal seam gas project located in the Surat Basin.  

Market inquiries

Submissions are invited from interested parties regarding the proposed acquisition of Origin’s Ironbark gas project by APLNG by 15 March 2019.

Logan City Council & Ors (LCC)

On 14 February 2019, five Councils in south-east Queensland (Logan, Ipswich, Redlands, Lockyer Valley and Somerset) lodged an application for authorisation to collectively tender for waste processing services. The services will be limited to the processing or disposal of resources and/or waste and will not include waste collection services or the operation of existing waste transfer stations and tip shops.