Competition Insights

19 September 2008

Welcome to the September edition of Competition Insights. Creeping acquisitions are back on the political agenda, with some calling for greater ACCC powers to intervene in small acquisitions where this is considered to be part of a creeping acquisition. In this edition we dissect the Government's proposals and see how they could affect ordinary business practices.

We'll also examine the latest decision on misuse of significant market power, and how it affects your bundling of goods or services.

New creeping acquisitions proposals raise real concerns

By David Ball and Michael Corrigan.

The Government is proposing to allow the ACCC to block small acquisitions of competing businesses where this is part of a creeping acquisition, but its potential effects on legitimate acquisitions raise some real concerns for business, as David Ball and Michael Corrigan explain.

Section 46 is alive and kicking!

By Michael Corrigan and Mihkel Wilding.

After a trip to the High Court and a return bout in the Full Federal Court, the ACCC has won (2-1) its marathon case against Baxter for breach of the misuse of market power and exclusive dealing provisions of the Trade Practices Act, say Michael Corrigan and Mihkel Wilding.
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