Australian Treasurer Chris Bowen released for public comment on Monday a paper which contains new proposals for a creeping acquisitions law to promote a healthier level of competition in the market place.
The release is the government's preliminary response to the
release of the Australian Competition and Consumer Commission's (ACCC) 'Grocery
Inquiry,' which called for more competition in Australia's AUD70bn (USD60bn) grocery market.
Creeping acquisitions refer to the cumulative effect of a number of small,
individual transactions, which when considered in isolation, might not be captured
by the existing mergers and acquisitions test under Australia's Trade
Practices Act.
"The government recognises concerns that the mergers and acquisitions
provisions of the Trade Practices Act do not enable the ACCC to effectively
deal with incremental acquisitions," Bowen said.
"Consideration of the need for legislative reform in relation to creeping
acquisitions is an election commitment, and the release of this discussion paper
is an important step in ensuring that all the issues can be examined,"
he added.
Concerns about creeping acquisitions usually arise when a supplier with a substantial
degree of market power looks to acquire smaller competitors.
In its Grocery Report the ACCC describes creeping acquisitions as a series
of acquisitions of smaller competitors over time which individually do not raise
competition concerns, but which when taken together may have a significant competitive
impact.
The report also noted that creeping acquisition might also refer to a player
with existing market power making a small acquisition, even though the small
acquisition does not substantially lessen competition in itself.