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On 22 May 2014, the ACCC announced that it had accepted an undertaking (the Undertaking) from Caltex Australia Petroleum Pty Ltd (Caltex) in relation to its proposed acquisition of the fuel division of Scotts Group (Scotts)(the Proposed Acquisition).
The ACCC considered that, in the absence of this Undertaking, the Proposed Acquisition would result in competition concerns in the local markets for the retail supply of petrol in Nhill, Victoria and Mount Gambier, South Australia.
In the absence of the Undertaking, Caltex would have controlled the majority of sites in Mount Gambier and, importantly, these would have been located on key transport routes into and out of Mount Gambier.