The Australian Competition Tribunal is an independent statutory review body, legislated by part III of the Competition and Consumer Act 2010.[1] The Tribunal was originally established under the Trade Practices Act 1965 (Cth). Its members consist of judges drawn from the Federal Court of Australia.[2] The Tribunal reviews merger authorisation determinations made by the Australian Competition and Consumer Commission (ACCC).[3]

Role

Mergers and acquisitions are an important aspect of economies.[4] The primary function of the Tribunal is to hear applications for the review of determinations made by the ACCC, and is empowered to:

  • review the grant or refusal by the ACCC in granting or refusing authorisation for a company merger or acquisition[5]
  • perform the functions and powers of the ACCC in conducting such a review.[6]

References

  1. ↑ "About the Australian Competition Tribunal". 24 July 2018.
  2. ↑ Competition and Consumer Act 2010 (Cth) s 31.
  3. ↑ Luxton, Tim (2022). "The Australian Competition Tribunal in 2021". Australian Journal of Competition and Consumer Law. 19 (4).
  4. ↑ Tan, Hui Yun Corinne (2011). "Further Reflections on the Interpretations of Private and Public Benefits in Merger Authorisation Decisions". Competition and Consumer Law Journal. 19: 38.
  5. ↑ Competition and Consumer Act 2010 (Cth) s 102.
  6. ↑ Competition and Consumer Act 2010 (Cth) s 102(1).
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