ACCC to appeal Tabcorp-Tatts merger
The Australian Competition and Consumer Commission (ACCC) has applied to the Federal Court for a judicial review of the Tabcorp and Tatts merger approval.
Last month the Australian Competition Tribunal granted authorisation for the deal to go ahead, but the ACCC is claiming there are grounds to review that decision.
“The ACCC is alleging the Tribunal made three reviewable errors,” ACCC Chairman Rod Sims said.
“It is therefore seeking clarification of these points of law which are central to the Tribunal’s assessment of Tabcorp’s proposed acquisition of Tatts.
“We are seeking judicial review because we believe these legal principles are fundamental not only to the Tabcorp decision but to all future merger and non-merger authorisation assessments.”
Tabcorp has said that it will oppose the ACCC’s application and will pursue an expedited hearing. The company also said that it and Tabcorp remain committed to the deal.
A spokesperson for Tabcorp said: “Tabcorp notes that the ACCC has stated it has made the application to the Federal Court to seek to clarify the law as it applies to all merger and non-merger authorisations. The factual findings by the Tribunal of substantial public benefits and of no, or insignificant, detriment arising from the transaction are not in issue in the judicial review application.”
CrownBet has also lodged an application for judicial review of the ACT’s ruling, which Tabcorp has also said it will oppose.