Video Ezy Australasia Pty Ltd - proposed acquisition of Blockbuster Australia Pty Ltd

Acquirer(s)

  • Video Ezy Australasia Pty Ltd

Target(s)

  • Blockbuster Australia Pty Ltd

Summary

Please refer to the attached Public Competition Assessment.

Market definition

Please refer to the attached Public Competition Assessment.

Competition analysis

Please refer to the attached Public Competition Assessment.

Undertakings

On 10 February 2009 the ACCC accepted a request to vary the undertaking provided by Video Ezy Australasia Pty Ltd on 27 May 2008. The variation related to the delivery of training provided under the compliance program. The variation provided that induction training be conducted by Video Ezy's Compliance Officer, or alternatively, a person nominated by the Compliance Officer with appropriate qualifications. The undertaking accepted on 27 May 2008 provided for induction training to be carried out by an independent compliance professional. The relevant staff would still receive independent training annually.

On 27 June 2012 the ACCC accepted variations to the section 87B undertaking given by Video Ezy Australasia Pty Ltd to the ACCC on 18 September 2007 (Undertaking). Broadly, the variations extend the timeframe over which the next audit report and compliance review report in respect of Video Ezy's compliance with the undertaking are required to be provided.

Timeline

DateEvent
12/03/2007ACCC commenced review under the Merger Review Process Guidelines. Market inquiries commenced.
26/03/2007Closing date for submissions from interested parties.
13/04/2007ACCC requested further information from Video Ezy. ACCC timeline suspended.
21/04/2007ACCC received further information from Video Ezy. ACCC timeline recommenced.
26/04/2007ACCC requested further information from Video Ezy. ACCC timeline suspended.
02/05/2007ACCC received further information from Video Ezy. ACCC timeline recommenced.
09/05/2007ACCC published a Statement of Issues outlining preliminary competition concerns.
23/05/2007Closing date for submissions relating to Statement of Issues.
01/06/2007ACCC announced that it is in discussions with Video Ezy. Proposed date of 6 June 2007 for announcement of ACCC's findings delayed and indicative timeline suspended pending further submission from the parties.
14/06/2007Draft section 87B undertaking proffered by Video Ezy. Timeline recommenced.
18/06/2007ACCC commenced market inquiries regarding draft section 87B undertaking.
27/06/2007Closing date for submissions relating to draft section 87B undertaking.
06/07/2007ACCC requested further information from Video Ezy. ACCC timeline suspended.
12/07/2007Former proposed announcement date. ACCC findings delayed until early August to allow for the provision of additional information.
01/08/2007Video Ezy indicates delays in providing information to ACCC. The timeline remains suspended and the ACCC will announce a revised decision date once the information is received.
10/09/2007ACCC received further information from Video Ezy. ACCC timeline recommenced.
18/09/2007After accepting court enforceable undertakings from Video Ezy, the ACCC announced it would not oppose the proposed acquisition. The undertakings are available above.