Transpacific Industries Group Ltd - proposed acquisition of land and certain associated assets located at Unanderra (NSW) from Veolia Environmental Services

Summary

On 16 July 2010, the ACCC decided not to oppose the acquisition by Transpacific of land and assets at Unanderra from Veolia Environmental Services.

Market definition

The ACCC considered this matter in the context of the following relevant markets
- a regional NSW (encompassing at least Unanderra and Sydney) market for the supply of liquid and hazardous waste treatment and disposal services;
- a regional NSW (encompassing at least Unanderra and Sydney) market for the collection of commercial solid waste; and
- a regional NSW (encompassing at least Unanderra and Sydney) for the treatment of soil.

The ACCC did not form a concluded view on market definition in this matter, as competition concerns were unlikely to arise irrespective of the market definition adopted.

Competition analysis

The ACCC determined that the acquisition was not likely to result in a substantial lessening of competition in the relevant markets. The main factors that informed this view included that:

In relation to the supply of liquid and hazardous waste treatment, it was found that the assets to be acquired were currently mothballed, and accordingly, the acquisition was unlikely to have a significant impact on competition in this market.

In relation to the collection of commercial solid waste, it was found that there were a number of exisiting competitors who would provide a competitive constraint and the potential for operators with significant presence to enter this market.

In relation to the treatment of soil, it was found that there were a range of local and national competitors with a local presence in this area of activity and access to landfill sites, which would provide a competitive constraint on the merged firm post-acquisition.