Merger Authorisation Processes in Australia in Light of the Tabcorp Decision

Dave Poddar

Australian Journal of Competition and Consumer Law

Dave Poddar, ‘Merger Authorisation Processes in Australia in Light of the Tabcorp Decision (It's Hip to Be Square – Hipster Economics and Antitrust)’ (2019) 27(1) Australian Journal of Competition and Consumer Law 13

“The concept of public benefits (as well as public detriments) under Australia's competition legislation is amorphous. The recent Tabcorp Full Federal Court and the Australian Competition Tribunal (Tribunal) decisions (collectively referred to as the Tabcorp Matter), which considered the competition and public benefit arguments associated with merger authorisation, bring into stark focus the current debate in the United States as to so-called "Hipster Economics". Hipster Economics seeks to bring into antitrust cases broader social issues such as those contemplated by the concept of "public benefits". Broader social issues are relevant under Australian competition law as a result of the possibility of considering public benefits and detriments under our "modified total welfare test". This article will consider these issues in light of the recent changes to the merger authorisation process in the Competition and Consumer Act 2010 (Cth) (CCA) and the Tabcorp Matter.“