SECTION 54 PROHIBITION ON ANTI-COMPETITIVE MERGERS 


Section 54 prohibits mergers that have resulted or may be expected to result in a substantial lessening of competition, unless they are excluded or exempted.  Apart from such mergers, complaints can also be lodged against anticipated mergers which, if carried into effect, will infringe the section 54 prohibition.

In general, a substantial lessening of competition is likely to result in higher prices, lower quality, and/or less choices of products and services for consumers.

The CCS Guidelines on the Substantive Assessment of Mergers describes in further detail the mergers that are excluded or exempted.

How Do I Lodge a Complaint? 

You are encouraged to make use of the Mergers Complaint Form, to register your complaint.

Complainants should endeavour to provide all the information requested in the complaint form. The Mergers Complaint Form requests for, amongst other things:

·         a description of the relationship between the complainant and the merger parties or merged entity;

·         a concise explanation of the reasons for, and details of, the complaint, including details of the merger situation to which the complaint relates, when and how the complainant became aware of the merger situation, and (where possible) the relative market positions of the parties named in the complaint; and

·         evidence directly related to the facts set out in the complaint, including appropriate copies of relevant correspondence, statistics or data (in particular, where they show developments in the market).

The CCS will consider each complaint on its merits to determine if an investigation is warranted. If the CCS decides to pursue the complaint, it will seek further information from the merger parties.

Please access "Introduction to Complaints" for more information on how to lodge a complaint.