Merger of two large coastal and community shipping operators sails through in Australia

On 3 August, the Australian Competition Tribunal released its reasons for authorising the proposed acquisition by Sea Swift of Toll  Marine Logistics Australia (a division of Toll Holdings Limited, whose ultimate owner is Japan Post).The proposed acquisition, which would have resulted in one large or “full service” operator remaining in the market, was initially opposed by the Australian Competition and Consumer Commission.  Sea Swift subsequently sought authorisation from the Tribunal on the basis that the proposed acquisition would not give rise to competitive detriment and would result in such a benefit to the public that it should be allowed to occur.RBB Economics worked with Minter Ellison and Gilbert + Tobin throughout the merger review process and George Siolis and Simon Bishop both presented expert evidence before the Tribunal during the Authorisation process.The full decision can be found here.