The ACCC provides a public competition assessment outlining the basis for reaching its final conclusion in an informal merger review where:

  • a merger is rejected
  • a merger is subject to enforceable s. 87B undertakings
  • the merger parties seek such disclosure or
  • a merger is approved but raises important issues that the ACCC considers should be made public.

Public competition assessments aim to provide the market with a better understanding of the ACCC's analysis of various markets and associated merger and competition issues. Assessments will also alert the market to the circumstances where the ACCC's assessment of the competitive conditions in particular markets is changing, or is likely to change, because of developments — for example — in technological change or previous mergers in those particular markets.

The ACCC will endeavour to publish public competition assessments on the website shortly after making a decision, recognising that more complex matters that raise significant competition issues may require more time to ensure the reasons are in a publishable form, taking into account any legal and commercial sensitivities.

The ACCC has put in place processes to protect confidential information provided either by the merger parties or information arising from market inquiries. This includes protecting the identity of market participants who provide sensitive market intelligence. The ACCC believes that in the majority of cases it will be possible to provide an appropriately detailed explanation of the basis for the ACCC reaching its finalised view while protecting confidential information and its sources. Where this is not possible, maintaining confidentiality will be the ACCC's paramount concern.

Public competition assessments are provided for informal merger reviews only. Determinations for applications for merger authorisation may be found on the ACCC's merger authorisations register.

Document Date
Viva Energy - OTR Group - Viva Energy - OTR Group - Public Competition Assessment
Veolia Environnement S.A - Suez S.A. - Veolia Suez - PCA - 29 November 2023
Sika AG - MBCC Group - Sika - MBCC - Public Competition Assessment
Dye & Durham Corporation - Link Administration Holdings - Public Competition Assessment
Zoetis Australia Research and Manufacturing Pty Ltd - Betrola Investments Pty Ltd (including Jurox Pty Ltd) - Zoetis_Jurox - Public competition assessment
Opus Group Pty Ltd - Ovato Book Printing (Ovato Limited) - Opus_Ovato - Public Competition Assessment
Aurizon Holdings Ltd - One Rail Australia Holdings LP - Aurizon One Rail - PCA
Culligan Group (Culligan) - Waterlogic Group Holdings Limited (Waterlogic) - Public Competition Assessment
Mylan N.V. and Upjohn Inc. - proposed merger - Mylan Upjohn - Public Competition Assessment
Elanco Animal Health Incorporated - Bayer Aktiengesellschaft’s animal health business - Public Competition Assessment
B&J City Kitchen Pty Ltd - Jewel Fine Foods business and assets held by the entities set out below - B&JCK Jewel - Public Competition Assessment
Asahi Group Holdings - Carlton & United Breweries (owned by Anheuser Busch InBev SA/NV) - Asahi-CUB - Public Competition Assessment
ANZ Terminals Pty Ltd proposed acquisition of GrainCorp Liquid Terminals Australia Pty Ltd - ANZ Terminals GLT - Public Competition Assessment - 23 December 2019
Landmark - proposed acquisition of Ruralco - Public Competition Assessment
Gebr. Knauf KG - proposed acquisition of USG Corporation and Armstrong World Industries Pty Ltd - Public Competition Assessment
Bingo Industries Limited - proposed acquisition of Dial-a-Dump Industries Pty Ltd - Public Competition Assessment
Thales S.A - proposed acquisition of Gemalto N.V - Public Competition Assessment
BP - proposed acquisition of Woolworths' retail service station sites - Public Competition Assessment
CK Consortium - proposed acquisition of APA Group - Public Competition Assessment
Sydney Transport Partners Consortium (including Transurban) - proposed acquisition of WestConnex interest - Public Competition Assessment