Merger Clearance

MinterEllison's Australasian competition team has a dedicated mergers unit, which has a strong track record advising national and international organisations on many of the most significant mergers assessed by the Australian Competition and Consumer Commission (ACCC) and the New Zealand Commerce Commission (NZCC). Advising on the impact of proposed joint ventures and vertical and horizontal restraints across Asian-Pacific jurisdictions are other facets of the team’s work.

The MinterEllison competition team was involved in 25% of significant Australian Merger Clearances or Authorisations in FY2013 and FY2014YTD, including the first merger authorisation application to the Australian Competition Tribunal (based on ACCC public register of merger reviews and authorisation applications).

Our work includes:

  • assessing competition issues;
  • obtaining advance clearance from the regulator where appropriate;
  • finding practical solutions to competition and regulatory issues;
  • working with leading economists and other experts where necessary; and
  • advising on takeover defence on competition grounds.

World Fuel Service's acquisition of Exxon's general aviation fuels business

Advised on ACCC clearance for Australian and New Zealand aspects of World Fuel Service's acquisition of Exxon's general aviation fuels business at 83 airports in Canada, the United Kingdom, Germany, Italy, Australia and New Zealand.

AT&T proposed US$85.4bn acquisition of Time Warner

We are advising on competition and regulatory aspects in Australia in respect of the proposed AT&T / Time Warner acquisition. The matter involves a vertical merger between AT&T (a global communications company) and Time Warner (a global entertainment company), which is under close antitrust scrutiny in the US.

Hitachi Construction Machinery proposed takeover of Bradken Ltd

Advising Japan's Hitachi Construction Machinery Company Limited (HCM) on competition aspects related to its recommended A$976.1 million takeover bid for Bradken Ltd, a company mining equipment & services listed on the Australian Stock Exchange with substantial operations outside Australia.

Viva Energy acquistion of Shell Aviation Australia from Shell

We are advising Viva Energy on competition aspects, including ACCC clearance, in respect of its acquisition of Shell Aviation Australia Pty Ltd form The Shell Petroleum Company Limited. The proposed acquisition follows Viva Energy's acquisition of Shell International's other refining and downstream fuel businesses in Australia to Viva Energy in 2014 for $2.9 billion.

Australian Paper Acquisition of EDOP

We advised Australian Paper on competition clearance in respect of the acquisition of the Edwards Dunlop Office Products division (EDOP) of BJ Ball. Both supply copy paper to customers throughout Australia.The matter involved a lengthy ACCC review, commencing confidential review and progressing into a full public review of the proposed acquisition. The proposed transaction was ultimately cleared.