ACCC boss says an increasing number of companies are threatening to complete their acquisitions before the regulator has finalised its review.
at the time, but Canberra’s halls of power have changed and Treasurer Jim Chalmers has indicated that he is open to Ms Cass-Gottlieb’s plans.But the leading competition lawyers advising companies on these deals suggest that the ACCC is using a few instances of delayed notifications to overhaul an otherwise-functioning system.
Norton Rose Fulbright partner Martyn Taylor said Ms Cass-Gottlieb’s concerns that companies doing deals were taking advantage of the voluntary nature of Australia’s current system “may be overstated”. “While Australia’s system is relatively unique, the process works quickly and efficiently for most mergers and provides greater flexibility in negotiating outcomes. So if it works, why change it?”The ACCC is not just pushing for an EU approach to merger notifications – it also wants changes to laws on when it can block mergers to better reflect Europe, too.
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