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Article
Further reflections on the interpretations of private and public benefits in merger authorisation decisions
Competition & Consumer Law Journal (2011)
  • Corinne Tan, Ms
Abstract
The Australian Competition Tribunal's decision in Qantas provides an in-depth analysis on private and public benefits. The Canadian Competition Tribunal's decision in Superior Propane also provides useful learning on the topic. This article examines the distinction between public benefits and private benefits, as well as the pros and cons of the balancing weights standard applied in some merger authorisation decisions. It attempts to reconcile the role of efficiencies with the future trend in authorisation decisions, and finally concludes by proposing a way forward for the Australian Competition Tribunal and the Australian Competition and Consumer Commission.
Keywords
  • Competition Law,
  • Mergers,
  • Authorisation Decisions,
  • Qantas,
  • Superior Propane,
  • Australian Competition,
  • Australian Competition Tribunal,
  • Australian Competition and Consumer Commission
Publication Date
2011
Citation Information
Corinne Tan. "Further reflections on the interpretations of private and public benefits in merger authorisation decisions" Competition & Consumer Law Journal Vol. 19 (2011) p. 38 - 51
Available at: http://works.bepress.com/corinne_tan/5/