Transpacific Industries Group Ltd - proposed acquisition of Dolomatrix International Ltd

Summary

Transpacific Industries Group Ltd proposed to acquire Dolomatrix International Ltd.

Market definition

For the purposes of assessing this proposed acquisition, the ACCC considered the following markets:
- an eastern seaboard market for the collection and transport of packaged waste (packaged waste is essentially various types of liquid waste stored in various containers or drums);
- an eastern seaboard market for the treatment of packaged waste;
- a national market for the collection and transport of ozone depleting substances and persistent organic pollutants;
- a national market for the treatment of ozone depleting substances and persistent organic pollutants (including organochlorine pesticides and high-level polychlorinated biphenyls); and
- a national market for the treatment of low to mid-level polychlorinated biphenyls.

Competition analysis

On 20 May 2008, the ACCC formed the view that the proposed acquisition was unlikely to substantially lessen competition in any of the relevant markets. In particular, the ACCC considered that no substantial lessening of competition was likely in the treatment market for ozone depleting substances and persistent organic pollutants as Transpacific is not currently active in this market. The acquisition would therefore give effect to a bare transfer of market share from Dolomatrix to Transpacific. As regards the collection and transport of persistent organic pollutants, Transpacific has only a relatively small market share (with no presence in relation to ozone depleting substances). Following market inquiries the ACCC formed the view that no substantial lessening of competition was likely in this market. The ACCC also considered that Transpacific was likely to be competitively constrained in the market for the treatment of low to mid-level polychlorinated biphenyls by existing rivals.

As regards the markets relating to packaged waste, the ACCC reached the view that Transpacific was likely to be competitively constrained by existing industry participants. The ACCC also took into account the role of third parties in treating some forms of packaged waste on behalf of collectors and consolidators, including Chemsal (a Dolomatrix subsidiary).