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On 8 May 2014, the ACCC announced that it had accepted an undertaking (the Undertaking) from Shahin Enterprises Pty Ltd (the main operating entity of Peregrine, Shahin) in relation to its proposed acquisition of 25 service station sites from BP Australia Pty Ltd (BP), comprising:
16 sites in metropolitan Adelaide (the Proposed Acquisition); and
nine sites in regional South Australia.
The ACCC considered that, in the absence of this Undertaking, the Proposed Acquisition would have the effect, or would be likely to have the effect, of substantially lessening competition in the retail supply of petrol in local markets surrounding each of the following BP sites:
BP Westbourne Park;
BP Elizabeth Vale;
BP Mitchell Park; and
BP Mile End (each a Local Market).
The ACCC considered that these BP sites and existing Shahin sites in each Local Market are close competitors to each other; taking into account their geographic location, the goods and services that they supply, and the types of customers to which they cater.
Shahin already operates a high proportion of the sites in each Local Market.