Baiada Poultry Pty Ltd - proposed acquisition of Bartter Enterprises Pty Ltd

Acquirer(s)

  • Baiada Poultry Pty Ltd

Target(s)

  • Bartter Enterprises Pty Ltd

Summary

Baiada Poultry Pty Ltd proposed to acquire Bartter Enterprises Pty Ltd.

On 11 February 2009, the ACCC announced its decision to oppose the proposed acquisition.

Baiada proffered an undertaking to address the ACCC's concerns about the impact that the proposed acquisition may have on the market for the wholesale supply of processed chicken meat.

The undertaking aims to maintain competition through the creation or strengthening of an additional viable, stand alone, independent and long term competitor for the wholesale supply of processed chicken meat products to Quick Service Restaurants, particularly to customers with requirements for large volume purchases across multiple states of Australia.

Market definition

Please refer to the Public Competition Assessment.

Competition analysis

Please refer to the Public Competition Assessment.

Statement of issues

Document title Date

Public competition assessment

Document title Date

Timeline

DateEvent
12/11/2008ACCC commenced review under the Merger Review Process Guidelines. Market inquiries commenced.
03/12/2008Closing date for submissions from interested parties.
17/12/2008Former proposed date for announcement of ACCC's findings of 14 January 2009, amended to allow for further market inquiries in response to the Statement of Issues.
17/12/2008ACCC published a Statement of Issues outlining preliminary competition concerns.
27/01/2009Closing date for submissions relating to Statement of Issues.
11/02/2009ACCC announced it would oppose the proposed acquisition.
09/04/2009Proposed s87B undertaking proffered by Baiada. ACCC commenced market inquiries relating to the proposed undertaking.
24/04/2009Closing date for submissions relating to the proposed undertaking.
04/05/2009ACCC timeline suspended pending receipt of further information from the proposed purchaser.
23/06/2009ACCC received further information from proposed purchaser. ACCC timeline recommenced.
30/06/2009ACCC announced it would not oppose the proposed acquisition, following acceptance of Baiada's s87B undertaking.