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On 25 November 2011, the Senate passed the Competition and Consumer Legislation Amendment Bill 2011 which amends the merger control provisions in section 50 of the Competition and Consumer Act 2010 (CCA). The amendments are intended to ensure that section 50 of the CCA applies to "creeping acquisitions" which are generally defined as consisting of a series of small-scale acquisitions that individually do not substantially lessen competition in a market, but collectively may have that effect over time.
The amendments, which will take effect no later than 2 months after the Bill receives Royal Assent, are
The amendments will provide legislative support for the ACCC's existing approach to merger review. We do not expect that they will result in any significant changes to the ACCC's practice.
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A sensitivity analysis can be a useful tool for assessing the likelihood of meeting earnings forecasts. But are public companies bound to disclose that analysis to the market? The Full Court of the...
In a substantial recent decision arising from the Arrium liquidation , the Supreme Court of New South Wales considered the materiality of significant future liabilities in assessing the company’s...
A hotly anticipated decision in the ongoing saga of the Babcock & Brown liquidation was handed down last week, resulting in another win for the liquidator (represented by Johnson Winter & Slattery)...