Transpacific Industries Group Ltd - proposed acquisition of Waste Management NZ Ltd

Summary

Transpacific Industries Group acquisition of Waste Management New Zealand

Market definition

The ACCC considered the impact of the acquisition in the non-hazardous and hazardous liquid waste market. The ACCC considered the acquisition at a number of functional levels including:
- collection and transport;
- processing and treatment;
- disposal; and
- recycling or recoverable liquids.

Competition analysis

Non-hazardous liquids
The ACCC considered that the acquisition would not be likely to substantially lessen competition in the regional market for non-hazardous liquids. The ACCC considered that there were relatively low barriers to entry in this market and that customers were likely to have countervailing power.

Hazardous liquids
The ACCC considered that the acquisition would not be likely to substantially lessen competition in the regional market for hazardous liquids for disposal. The ACCC also considered that the acquisition would not be likely to substantially lessen competition in the eastern seaboard market for hazardous liquids that have recoverable value.

The ACCC considered that barriers to entry for new entrants in these markets were not likely to be insurmountable. The ACCC found that some customers were likely to have countervailing power through their negotiating strength for the collection and processing of significant volumes of liquids. Further, some customers were likely to have countervailing power through the ability to establish their own on-site processing facilities.