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Australian Competition Tribunal decision on Tabcorp-Tatts merger

The Australian Competition Tribunal has made its determination granting merger authorisation for Tabcorp to acquire Tatts.

The Full Federal Court had previously set aside an earlier determination from the Tribunal and remitted the matter back to the Tribunal for reconsideration.

“When the ACCC sought review of the Tribunal’s earlier determination, our purpose was to clarify the law. We achieved that objective, with the Full Court making it clear that the Tribunal was required to take in to account all competitive detriment that is likely to result from the proposed merger,” ACCC Chairman Rod Sims said.

“The Tribunal has now reconsidered the evidence, in relation to both anti-competitive detriment and public benefit, and concluded that the merger is likely to result in such benefit that it should be permitted to proceed,” Mr Sims said.

The Tribunal expects to publish its reasons on Wednesday, 22 November. The ACCC will then consider the Tribunal’s reasons for this decision.