Commencing 1 October 2019 the ACCC immunity and cooperation policy for cartel conduct sets out the ACCC's approach to immunity applications and how cooperation will be recognised.

See ACCC immunity & cooperation policy for cartel conduct - October 2019.

ACCC Chairman, Rod Sims, has addressed the Australasian Transport Research Forum today, speaking on a range of subject issues.

See ACCC, 'The dangers of monopolists without constraint' (Media release, 30 September 2019) and Rod Sims, 'ACCC perspectives on transport issues' (address at the Australasian Transport Research Forum, 30 September 2019).

The ACCC 'will not oppose the proposed acquisition of Lion Dairy & Drinks' Tasmanian-based cheese business by Saputo Dairy Australia', finding that on balance it will not be likely to have the effect of substantially lessening competition.

'The ACCC has raised preliminary competition concerns about the proposed sale of the Tasmanian forestry assets of Resource Management Service LLC'. It is reviewing two prospective buyers of the RMS assets. Its concern is that the acquisitions could 'impact the viability of competing export channels for hardwood plantation chips in northern Tasmania, which could lower prices paid to private growers of plantation logs'.

It has been reported that the ACCC is pushing for a criminal prosecution against BlueScope and former senior representatives in relation to alleged cartel conduct, with the CDPP considering a brief of evidence to decide whether to prosecute; a decision is anticipated by the end of October.

ACCC Chairman, Rod Sims, has expressed concern about a lack of competition in retail banking and stated that he would be speaking to the Treasurer about the scope of the next regular ACCC inquiry into the sector.

The IP exemption in s 51(3) of the Competition and Consumer Act has now been repealed. See Guidelines on the repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) (August 2019).

The ACCC will not oppose the proposed acquisition of Australian Independent Rural Retailers by Elders. The ACCC considered the potential for vertical integration concerns, but noted that market feedback 'suggested that most independent retailers consider they have sufficient alternative supply options if Elders attempted to discriminate against them'.

The ACCC has opposed the proposed acquisition of Jewel Fine Foods by B&J City Kitchen. ACCC Chair, Rod Sims, stated that the ACCC believed the proposed acquisition would be 'likely to substantially lessen competition for the supply of chilled ready meals' as it would 'combine the two major players in this market, concentrating most of the manufacturing capacity of chilled ready meals in one business'.

The Federal Court has dismissed the ACCC's appeal in the Cascade Coal cartel case