A-Gas (Australia) Pty Ltd - proposed acquisition of Technochem Pty Ltd

Acquirer(s)

  • A-Gas (Australia) Pty Ltd

Target(s)

  • Technochem Pty Ltd

Summary

A-Gas (Australia) Pty Ltd proposed to acquire Technochem Pty Ltd (the proposed acquisition).

Market definition

The ACCC considered the proposed acquisition in the context of competition in the importation and re-packaging of bulk refrigerant gases. However the ACCC did not consider it necessary to precisely define the relevant markets in order to assess the effects of the proposed acquisition as it was not likely to substantially lessen competition in any market howsoever defined.

Competition analysis

The ACCC formed the view that the proposed acquisition was not likely to result in a substantial lessening of competition based on a range of factors including:

- the low barriers to entry and expansion in the relevant markets, with recent evidence of new entrants and expansion;
- the presence of a number of substantial customers with a significant degree of countervailing power; and
- the existence of alternative well-resourced suppliers that would continue to compete with and constrain the merged entity.

Timeline

DateEvent
14/12/2011ACCC commenced review under the Merger Review Process Guidelines.
06/01/2012Closing date for submissions from interested parties.
20/01/2012ACCC requested further information from A-Gas. Former proposed decision date of 2 February 2012 delayed. ACCC timeline suspended pending receipt of further information from A-Gas. ACCC will announce a new proposed decision date upon receipt of further information from A-Gas.
27/01/2012ACCC received further information from A-Gas. ACCC timeline recommenced.
08/02/2012ACCC announced it would not oppose the proposed acquisition.