The following Competition guidance note Produced in partnership with King & Wood Mallesons provides comprehensive and up to date legal information covering:
A conversation with Sharon Henrick, Partner and Head - Competition Law and Regulatory - Australia in the Sydney office of international law firm King & Wood Mallesons, on key issues on merger control in Australia.
NOTE–to see whether notification thresholds in Australia and throughout the world are met, see Where to Notify.
The key recent are summarised below.
The Australian Competition and Consumer Commission’s case against Pacific National and Aurizon
In July 2018, following its decision not to grant informal clearance to Pacific National, an provider of above rail services in Queensland, to acquire an intermodal business from Aurizon, also a provider of above rail services in Queensland, the Australian Competition and Consumer Commission (ACCC) commenced civil proceedings in the Federal Court of Australia against Aurizon and Pacific National.
The ACCC is alleging that in July 2017, Pacific National and Aurizon reached an understanding that would lead to Aurizon exiting its Queensland intermodal business through a combination of closure and transactions with Pacific National.
The ACCC is seeking declarations, pecuniary penalties, orders restraining Pacific National from acquiring Aurizon’s Queensland intermodal business and Acacia Ridge Terminal.
According to the ACCC, Aurizon could have
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