There have been very few merger cases to reach the courts in Australia. In relation to the current (substantial lessening of competition) test there have been only three cases and none have gone to the High Court. The merger tests in Australia have applied as follows:

1974-1977: effect of substantial lessening of competition

1977-1992: result in or substantially strengthen a 'position to control or dominate a market'

1993- current: effect (or likely effect) of substantially lessening competition

For more detail on the history of the merger law see merger page.