Vestager nominated to remain as Commissioner for Competition

On 10 September 2019 European Commission President-Elect Ursula von der Leyen presented her list of nominees for the next College of Commissioners, due to take office on 1 November 2019. In an unexpected turn of events, she has proposed that Margarethe Vestager continues in her current role as the Commissioner for Competition, alongside a new … Read more

CMA requires reversal of integration steps pending investigation into Bottomline/Experian Payments Gateway merger

On 6 August 2019 the UK Competition and Markets Authority (CMA) published an unwinding order requiring the reversal of post-completion integration steps taken in the completed acquisition by Bottomline Technologies Limited (Bottomline UK) of Experian Limited’s Experian Payments Gateway business (the EPG business). The order is intended to restore the market position to what it … Read more

ACCC Case theory Terminal

In July 2017, Aurizon and Pacific National entered into a number of agreements for the sale and purchase (or subcontract) of Aurizon’s Acacia Ridge Terminal, its interstate intermodal business and its Queensland intermodal business. The ACCC alleged that in doing so Aurizon and Pacific National reached an understanding that had (or Pacific National’s proposed acquisition … Read more

Unreasonable Timetable Set By Regulator Quashed For Unfairness

In J Sainsbury plc and Asda Group Limited v Competition and Markets Authority [2019] CAT 1, 18 January 2019 the Competition Appeal Tribunal (CAT) granted an application made jointly by Sainsbury’s and Asda (the “Applicants”) in respect of two decisions by a regulator, the Competition and Markets Authority (“CMA”), regarding the timetable for an investigation … Read more

ACCC Succeeds in First Merger ‘Gun-Jumping’ Cartel Prosecution

On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their cooperation with the ACCC’s investigation. The maximum penalty is … Read more