Proposed merger of Tabcorp Holdings and Tatts Group

Tabcorp Holdings Limited

Tatts Group

On 13 March 2017, Tabcorp Holdings Ltd (Tabcorp) made Application 1 of 2017 to the Australian Competition Tribunal (Tribunal) for merger authorisation to acquire all of the shares in Tatts Group Ltd (Tatts). 

On 22 June 2017, the Tribunal granted Tabcorp authorisation to acquire shares in Tatts subject to the condition that Tabcorp give the ACCC an undertaking pursuant to s 87B of the Competition and Consumer Act 2010 (Cth) (CCA) in the same form as the undertaking filed with the Tribunal dated 29 May 2017. The ACCC accepted the undertaking on 5 July 2017. A copy of the undertaking is available below. 

On 10 July 2017, the ACCC applied to the Federal Court of Australia pursuant to s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), section 163A(1) of the CCA, and s 39B of the Judiciary Act 1903 (Cth) to review the Tribunal's determination granting authorisation purportedly pursuant to ss 95AT and 95AZJ of the CCA.

On 20 September 2017 the Full Federal Court set aside the decision of the Tribunal and referred the matter back to the Tribunal for further consideration.

On 27 September 2017 the Tribunal indicated that it would hear the matter concurrently with a new Application 3 of 2017 (subsequently lodged on 29 September 2017). 

On 22 November 2017, the Tribunal made identical determinations in Application 1 of 2017 and Application 3 of 2017 granting Tabcorp authorisation to acquire shares in Tatts subject to the same condition outlined above.

As some of the documents and information that accompanied Tabcorp's application for authorisation have been updated, they are or will be available on the Australian Competition Tribunal's website:

https://www.competitiontribunal.gov.au/decisions/year/2017