COMPETITION – AUSTRALIA – REGULATION

Morrison declares open season on ASX

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Original article by Patrick Durkin
The Australian Financial Review – Page: 44 : 31-Mar-16

Federal Treasurer Scott Morrison announced on 30 March 2016 that ASX Limited will no longer have a monopoly on clearing and settlement activities. Elmer Funke Kupper’s recent resignation as CEO of the stock exchange operator makes it ill-prepared for the coming changes. Morrison said no licences will be granted during a transition period. The ASX has therefore 18 months to prepare itself for a new regulatory regime.

CORPORATES
ASX LIMITED – ASX ASX, AUSTRALIA. DEPT OF THE TREASURY, CHI-X AUSTRALIA PTY LTD, TABCORP HOLDINGS LIMITED – ASX TAH, COUNCIL OF FINANCIAL REGULATORS, CONTANGO ASSET MANAGEMENT LIMITED, LONDON STOCK EXCHANGE, DEUTSCHE BOERSE, SOCIETE GENERALE SA, UNICREDIT SPA, CHICAGO MERCANTILE EXCHANGE, INTERCONTINENTAL EXCHANGE, SINGAPORE EXCHANGE LIMITED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, TELSTRA CORPORATION LIMITED – ASX TLS, LONDON CLEARING HOUSE

News move to increase stake in Foxtel will trigger ACCC interest

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Original article by Dominic White
The Australian Financial Review – Page: 25 : 23-Mar-16

News Corporation would have a 51 per cent stake in the merged Foxtel-Fox Sports if the deal and a proposed IPO of Telstra’s stake in Foxtel proceeds. A second option would be for News to buy out Telstra’s 50 per cent stake in Foxtel. Australian Competition & Consumer Commission chairman Rod Sims says any move by News to increase its stake in Foxtel would attract scrutiny. However, he notes that the media group already has significant influence at Foxtel.

CORPORATES
NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, FOXTEL MANAGEMENT PTY LTD, FOX SPORTS AUSTRALIA PTY LTD, TELSTRA CORPORATION LIMITED – ASX TLS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, SKY PLC, NETFLIX INCORPORATED, GOLDMAN SACHS AND PARTNERS AUSTRALIA PTY LTD, CITIGROUP PTY LTD, AUSTRALIAN FOOTBALL LEAGUE, NATIONAL RUGBY LEAGUE

Woolies sued over payments

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Original article by Sue Mitchell, Sarah Danckert
The Australian Financial Review – Page: 3 : 11-Dec-15

The Australian Competition & Consumer Commission (ACCC) has commenced legal proceedings against Woolworths, accusing the retailer of unconscionable conduct. The ACCC alleges that Woolworths contravened Australian consumer law when it demanded more than $A60 million in extra payments from suppliers in late 2014. The matter will be heard in the Federal Court.

CORPORATES
WOOLWORTHS LIMITED – ASX WOW, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, COLES GROUP LIMITED

Competition reforms to ‘end decline in growth’

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Original article by David Uren
The Australian – Page: 6 : 25-Nov-15

The Australian Government released its response to the Harper review of competition policy on 24 November 2015. It has endorsed the bulk of the review’s recommendations, although proposed changes to laws on abuse of market power will face additional scrutiny. Meanwhile, Treasurer Scott Morrison is confident that the Government’s competition reforms will result in wide-ranging benefits for consumers and provide a much-needed boost to productivity.

CORPORATES
AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN LABOR PARTY, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. FAIR WORK COMMISSION, LIBERAL PARTY OF AUSTRALIA, NATIONAL PARTY OF AUSTRALIA, BUSINESS COUNCIL OF AUSTRALIA

Media curbs need review, Sims says

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Original article by Max Mason
The Australian Financial Review – Page: 3 : 5-Nov-15

Australian Competition & Consumer Commission chairman Rod Sims argues that the advent of the internet and live streaming of TV content means the "reach rule" and the "two out of three rule" may no longer be relevant. However, Sims says anti-siphoning regulations for sports broadcasts may still be necessary to preserve competition in the TV industry, noting that companies such as Yahoo! and YouTube have begun live streaming of sports events in the US.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, YAHOO! INCORPORATED, YOUTUBE INCORPORATED, NATIONAL FOOTBALL LEAGUE, NATIONAL BASKETBALL ASSOCIATION, INDIAN PREMIER LEAGUE, FOXTEL MANAGEMENT PTY LTD, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, TEN NETWORK HOLDINGS LIMITED – ASX TEN, SEVEN WEST MEDIA LIMITED – ASX SWM, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, RBB ECONOMICS LLP, PRIME MEDIA GROUP LIMITED – ASX PRT, WIN CORPORATION PTY LTD, SOUTHERN CROSS MEDIA GROUP LIMITED – ASX SXL, FAIRFAX MEDIA LIMITED – ASX FXJ

Foxtel-Ten deal gets ACCC green light but watch this space

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Original article by Max Mason
The Australian Financial Review – Page: 13 & 18 : 23-Oct-15

The Australian Competition & Consumer Commission has approved an equity alliance between Ten Network and pay-TV group Foxtel. The competition regulator ruled that the deal is unlikely to result in a substantial lessening of competition. However, chairman Rod Sims says the ACCC could intervene if future transactions between the two groups raise competition concerns, such as making a joint bid for the rights to sports broadcasts. Sims has also questioned whether streaming of TV broadcasts has reduced the effectiveness of the "reach rule".

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, FOXTEL MANAGEMENT PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY, SEVEN WEST MEDIA LIMITED – ASX SWM, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, FOX SPORTS AUSTRALIA PTY LTD, MULTI CHANNEL NETWORK PTY LTD, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, TELSTRA CORPORATION LIMITED – ASX TLS, ILLYRIA PTY LTD

New Telstra CEO’s threat over prices

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Original article by David Ramli
The Australian Financial Review – Page: 1 & 15 : 14-Oct-15

Telstra CEO Andy Penn says earnings could be reduced by up to $A80m in fiscal 2016 due to an Australian Competition & Consumer Commission ruling that its wholesale prices should be cut by 9.4 per cent. Penn has also warned that the telco may be forced to reduce its investment in telecommunications infrastructure as a result of the decision. Meanwhile, more than 11 per cent of votes cast at Telstra’s AGM rejected the remuneration report, compared with less than two per cent in 2014.

CORPORATES
TELSTRA CORPORATION LIMITED – ASX TLS, AUSTRALIAN COMPANIES AND SECURITIES COMMISSION, SINGTEL OPTUS PTY LTD, VODAFONE HUTCHISON AUSTRALIA PTY LTD, TPG TELECOM LIMITED – ASX TPM, OVUM RESEARCH, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF FINANCE

Business urges PM to be more aggressive on IR

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Original article by Ewin Hannan
The Australian Financial Review – Page: 7 : 22-Sep-15

Australian Industry Group CEO Innes Willox says the Federal Government should act immediately to introduce reforms that were recommended by the Harper review of competition policy. Willox also says the Government should be more active in promoting the need for industrial relations reform ahead of the federal election, and he argues that it should adopt the Productivity Commission’s recommendations on issues such as weekend penalty rates.

CORPORATES
THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION, ACTU, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. DEPT OF EMPLOYMENT

Sims’ threat to $100bn gas merger

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Original article by Perry Williams
The Australian Financial Review – Page: 1 & 12 : 18-Sep-15

The Australian Competition & Consumer Commission (ACCC) is concerned about the impact of the proposed Royal Dutch Shell-BG Group merger on the Australian gas market. ACCC chairman Rod Sims said on 17 September 2015 that the $US70 billion ($A98 billion) deal could lead to price rises and gas shortages. The ACCC believes that the merger "may" substantially lessen competition.

CORPORATES
ROYAL DUTCH SHELL PLC, BG GROUP PLC, ARROW ENERGY LIMITED, MANUFACTURING AUSTRALIA LIMITED, AUSTRALIAN PETROLEUM PRODUCTION AND EXPLORATION ASSOCIATION LIMITED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

ACCC nods at a Macquarie-Esanda tilt

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Original article by Joyce Moullakis
The Australian Financial Review – Page: 16 : 18-Sep-15

The Australian Competition & Consumer Commission has ruled that there would be little impact on competition if Macquarie Group acquires the Esanda dealer finance business from ANZ Bank. Macquarie is regarded as the frontrunner to buy the Esanda business, which is tipped to change hands for up to $A1.5bn. Analysts say Macquarie could opt for a capital raising to help finance the deal if its bid succeeds.

CORPORATES
MACQUARIE GROUP LIMITED – ASX MQG, ESANDA FINANCE CORPORATION LIMITED, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, SHAW AND PARTNERS LIMITED, CLSA AUSTRALIA PTY LTD, WESTPAC BANKING CORPORATION – ASX WBC, ST GEORGE BANK LIMITED, TOYOTA FINANCE AUSTRALIA LIMITED, NISSAN FINANCE