Acquirer(s)

  • APA Group

Target(s)

  • Hastings Diversified Utilities Fund

Summary

Please refer to the attached Public Competition Assessment.

Market definition

Please refer to the attached Public Competition Assessment.

Competition analysis

Please refer to the attached Public Competition Assessment.

Statement of issues

Public competition assessment

Document title Date
Public Competition Assessment

Timeline

Date Event

ACCC commenced review under the Merger Review Process Guidelines.

Closing date for submissions from interested parties.

ACCC requested further information from the merger parties. ACCC timeline suspended and former proposed decision date for announcement of ACCC's findings of 16 February 2012 delayed.

ACCC timeline recommenced.

Former proposed decision date of 29 March 2012 for announcement of ACCC's findings delayed.

ACCC published a Statement of Issues outlining preliminary competition concerns.

Closing date for submissions relating to Statement of Issues.

Timeline extended at the request of APA to allow it to make further submissions. ACCC timeline suspended. Former proposed decision date for announcement of ACCC's findings of 26 April 2012 delayed.

APA has asked the ACCC to consider and consult upon an in-principle proposal to divest MAPS and commit to behavioural obligations to allow connection to the SWQP. The ACCC commenced market inquiries on this new proposal as currently described by APA. Subject to these market inquiries, the ACCC will then consider whether a section 87B undertaking based on this proposal would be capable of addressing the ACCC's concerns. ACCC timeline recommenced.

Closing date for submissions relating to APA's proposal.

Previous tentative decision date of 21 June 2012 delayed to allow the ACCC to assess information provided during market inquiries and engage with APA on any relevant issues arising from market inquiries.

ACCC announced it would not oppose the proposed acquisition, subject to the section 87B undertaking accepted by the ACCC.

APA sought the ACCC's consent to withdraw the section 87B undertaking pursuant to s 87B(2) of the Act.

In accordance with s 87B(2) of the Act, the ACCC gave consent to the withdrawal of the section 87B undertaking in its entirety with effect from 1 April 2016. The ACCC's reasons for consenting to the withdrawal of the Undertaking are set out in the document titled 'Consent To Withdrawal Of Section 87B Undertaking'.