Commercial Reality: Its Place in the Authorisation of mergers

Ketki Kotwal

Australian Journal of Competition and Consumer Law

Ketki Kotwal, ‘Commercial Reality: Its Place in the Authorisation of mergers’ 27(1) AJCCL 25

“This article discusses the relevant legislation (past and current), in relation to the granting of an authorisation in the context of the commercial reality the parties operate in. With reference to the case law, the article discusses the aspects that a court will consider when construing the commercial reality of a particular business or industry and shows how these factors must be considered alongside the legislation when deciding if authorisation is appropriate. The article will aim to convey that courts are obliged to look beyond the legislation when choosing whether or not to authorise proposed mergers with the overall goal being not only to foster the competitive process, but also to ensure welfare of affected individuals.“