“While we found that Coles may have an incentive to consolidate some of its milk volumes in the eastern states, this was unlikely to lead to a substantial lessening of competition,” Mr Keogh said.
“Coles will likely continue to face financial incentives to stock and support branded milk from other processors, due to the higher retail margins it earns on these products.”
In addition, the ACCC found that Coles’ commercial incentives to consolidate its milk supply would exist with or without the transaction due to the significant excess capacity at the Laverton and Erskine Park facilities.
Read More “[U]nlikely to result in a substantial lessening of competition”, ACCC Okays Coles Milk Plant Acquisitions
The total penalties, ordered by the Federal Court, are the highest imposed for resale price maintenance in Australia. Resale price maintenance (also known as RPM) occurs when a supplier of goods specifies a minimum price below which a reseller must not supply, offer to supply, advertise, or display those goods for sale.
“The ACCC submitted to the Court that this level of penalty was appropriate given the seriousness, duration and extent of Techtronic’s conduct. It sends a strong signal to deter others from engaging in RPM, and should serve as a warning for all other businesses,” ACCC Deputy Chair Mick Keogh said.
Read More ACCC Applies Record Penalty for “seriousness, duration and extent” of Techtronic’s Retail Price Maintenance
“The proposed coordination will increase AEMO’s ability to manage the scheduling of outages, providing greater security for the supply of electricity over the next two summer periods, which are forecast to be challenging,” ACCC Deputy Chair Mick Keogh said.
Due to concerns that this kind of coordination and information sharing between competitors can reduce competition in the supply of electricity and the acquisition of maintenance services as well as create information disparities within the broader electricity market, the ACCC has imposed a series of conditions for this authorisation.
Read More Coordination Within Electricity Industry Authorised
The Proposed Conduct relates to the cooperation between Virgin Australia and Air NZ on trans-Tasman services (on routes that Virgin Australia does not operate), including the ability for Virgin Australia to codeshare on Air NZ operated services which contain pricing provisions that may otherwise trigger the prohibition against resale price maintenance. Cooperation on commercial arrangements between Virgin Australia and Air NZ in relation to frequent flyer programs, lounge access, and joint corporate customer offers are conditional upon these codeshare arrangements.
Closing date for submissions on interim authorisation is 18 December 2023.
Read More Consultation on Virgin Australia and Air New Zealand Trans-Tasman Services
Digital platforms with significant market power can use practices like bundling or tying of products, pre-installation and default settings to limit customer choice or deter innovation from competitors.
Read More Expansion of Digital Platforms Demonstrates “critical need for regulatory reform”
“Australians increasingly use digital platforms for work, study and play and can benefit from their wide range of interconnected products and services. While the size and scale of digital platforms alone does not raise concern, there is a risk that this expansion may be driven by a desire from digital platforms to entrench or extend their market power,” Ms Cass-Gottlieb said.
A few days ago, on November 20th 2023 the Albanese Government’s Competition Taskforce released a Consultation Review on Australia’s laws and practices surrounding mergers. Below is information from the Treasury website on the consultation paper as well as how to make a submission and what to include. The Treasurer has also issued a media release on the consultation which is available here. Submissions for the merger consultation paper close on January 19th 2024.
Read More Submissions Open for Consultation Paper on Merger Reform
The proposed acquisition will combine the entities’ retail fuel, wholesale fuel and retail convenience and grocery offerings.
The ACCC invites submissions on the divestiture proposal by 27 November 2023.
Read More ACCC Welcomes Consults on Viva Energy’s Divestiture Proposal for OTR Acquisition
[R]egulators from across the Pacific will share information, investigative techniques, and authority best practice, in a newly formed initiative to be called the Pacific Island Network of Competition Consumer and Economic Regulators or PINCCER.
Read More New Pacific Network Formed to Promote Competitive Markets
The report outlines consistent concerns about patchy coverage, difficulties interpreting and comparing coverage maps, as well as concerns that already congested networks will get worse as demand for data continues to grow.
Read More ACCC: Regulatory Regime for Mobile Tower Access “no longer fit for purpose”
“The NBN is a critical piece of national infrastructure that is central to Australia’s digital economy. Every day, millions of Australians use the NBN for work, commerce, education and entertainment,” ACCC Commissioner Anna Brakey said.
Read More ACCC Accepts New NBN Regulation
“We are satisfied that NBN Co’s latest SAU variation proposal promotes the long-term interests of Australians, which is the primary objective of the test that we have to apply,” Ms Brakey said.
The Consumer Affairs Victoria Strategic Plan for 2023-26, and regulatory priorities for 2023-24 have been published this week.
Read More Consumer Affairs Victoria Releases New Strategic Plan and Regulatory Priorities
The ACCC has issued a draft determination proposing to deny authorisation for Qantas Airways Ltd and China Eastern Airlines Corporation Limited and their related entities (including Jetstar) to continue coordinating operations between Australia and mainland China.
Read More Proposed Denial of Qantas and China Eastern Airline Coordination