COMPETITION – AUSTRALIA – REGULATION

ACCC alarmed by Foxtel plan for Ten

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Original article by Max Mason
The Australian Financial Review – Page: 16 : 15-Sep-15

The Australian Competition & Consumer Commission (ACCC) will decide the fate of the proposed Ten Network-Foxtel equity alliance on 22 October 2015. The ACCC has raised a number of concerns about the deal in a statement of issues. They include the potential for Ten and Foxtel to dominate bidding for sports broadcasting rights and the impact of the alliance on the television advertising market, as Ten’s advertising sales team would be merged with Foxtel’s MCN. The role of 8.5 per cent Ten shareholder and News Corp executive Lachlan Murdoch is also a concern for the ACCC.

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

Landmark case could cost Visa $20m in fines

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Original article by Patrick Durkin
The Australian Financial Review – Page: 6 : 2-Sep-15

The Australian Competition & Consumer Commission (ACCC) has reached a confidential settlement with Visa. The company was accused of abusing its market power. The settlement will be considered for approval by Federal Court judge Michael Wigney on 3 September 2015. Penalties of up to $A20 million are believed to be sought by the ACCC.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FEDERAL COURT OF AUSTRALIA, VISA INTERNATIONAL, FEXCO INVESTMENTS AUSTRALIA PTY LTD, PURE COMMERCE PTY LTD, GLOBAL BLUE HOLDINGS AB, PLANET PAYMENTS, JP MORGAN AUSTRALIA LIMITED, WESTPAC BANKING CORPORATION – ASX WBC, TRANSURBAN GROUP LIMITED – ASX TCL

New TV rights put to ACCC

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Original article by Dominic White
The Australian Financial Review – Page: 29 : 31-Aug-15

The Australian Competition & Consumer Commission (ACCC) is scrutinising Foxtel’s proposed acquisition of 15 per cent of Ten Network. Fairfax Media raised concerns that the acquisition would reduce competition in the sports rights market. Nine Entertainment raised similar objections. The ACCC is due to make a decision on the deal by 10 September 2015.

CORPORATES
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FOXTEL MANAGEMENT PTY LTD, TEN NETWORK HOLDINGS LIMITED – ASX TEN, FAIRFAX MEDIA LIMITED – ASX FXJ, NEWS CORPORATION – ASX NWS, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, SEVEN WEST MEDIA LIMITED – ASX SWM, MULTI CHANNEL NETWORK PTY LTD, KFC

Metcash in alleged stall on SupaBarn deal

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Original article by Sue Mitchell
The Australian Financial Review – Page: 13 & 18 : 31-Jul-15

The Australian Competition & Consumer Commission will decide in September 2015 whether to approve Coles Group’s deal to buy SupaBarn. The deal would give Coles an additional nine supermarkets in the Australian Capital Territory and Sydney, although it has existing stores in close proximity to each SupaBarn outlet. Metcash has raised concerns with the ACCC about the proposed deal’s effect on competition, but the grocery wholesaler rejects suggestions that it has organised a supplier campaign against the deal.

CORPORATES
COLES GROUP LIMITED, COLES SUPERMARKETS AUSTRALIA PTY LTD, SUPABARN SUPERMARKETS PTY LTD, METCASH LIMITED – ASX MTS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, INDEPENDENT GROCERS OF AUSTRALIA, MASTER GROCERS’ AUSTRALIA PTY LTD, WOOLWORTHS LIMITED – ASX WOW

Ten CEO exit clears way for Foxtel

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Original article by Dominic White
The Australian Financial Review – Page: 1 & 8 : 28-Jul-15

Ten Network COO Paul Anderson will succeed Hamish McLennan as CEO. McLennan has also stepped down as executive chairman in favour of an independent replacement, David Gordon. The departure of McLennan as executive chairman could increase the chances of Ten’s equity deal with Foxtel being approved by the Australian Competition & Consumer Commission, as he has strong links with the Murdoch family. SMI data shows that Ten’s share of advertising revenue was 23.1 per cent in June 2015.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, FOXTEL MANAGEMENT PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, MULTI CHANNEL NETWORK PTY LTD, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, FREEHILLS PTY LTD, SMI MEDIA INCORPORATED

Murdochs on notice over Foxtel grab for Ten Network

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Original article by Dominic White
The Australian Financial Review – Page: 1 & 29 : 27-Jul-15

The Australian Competition & Consumer Commission (ACCC) will consider Foxtel’s equity alliance with the Ten Network in the context of the Murdoch family’s broader media holding, according to chairman Rod Sims. Foxtel proposes to acquire a 15 per cent stake in Ten, but the ACCC will take into account the fact that News Corp has a 50 per cent stake in Foxtel and News Corp executive Lachlan Murdoch has an 8.5 per cent stake in Ten. The effect on competition in bidding for sports broadcasting rights is likely to be a key consideration for the ACCC.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, FOXTEL MANAGEMENT PTY LTD, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, ILLYRIA PTY LTD, TELSTRA CORPORATION LIMITED – ASX TLS, MULTI CHANNEL NETWORK PTY LTD, NOVA ENTERTAINMENT PTY LTD, SEVEN GROUP HOLDINGS LIMITED – ASX SVW, FOX SPORTS AUSTRALIA PTY LTD, CONSOLIDATED MEDIA HOLDINGS LIMITED, NINE NETWORK AUSTRALIA LIMITED, NETFLIX INCORPORATED, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, FAIRFAX MEDIA LIMITED – ASX FXJ, SEVEN WEST MEDIA LIMITED – ASX SWM, PRESTO ENTERTAINMENT PTY LTD, SPECIAL BROADCASTING SERVICE (SBS), AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Air NZ seeks to delay Qantas competition

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Original article by Jamie Freed
The Australian Financial Review – Page: 17 : 6-Jul-15

Qantas and American Airlines plan to increase capacity on the Australia-US route by about nine per cent in late 2015. Qantas will reintroduce flights from Sydney to San Francisco, while American Airlines will offer daily flights on the Sydney-Los Angeles route. They are awaiting interim approval for the increased capacity from the Australian Competition & Consumer Commission, but Air New Zealand has expressed concern about the proposed alliance in a submission to the competition regulator.

CORPORATES
QANTAS AIRWAYS LIMITED – ASX QAN, AMERICAN AIRLINES INCORPORATED, AIR NEW ZEALAND LIMITED – ASX AIZ, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, MOODY’S INVESTORS SERVICE INCORPORATED

Regulator close to call on NBN cable network deal

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Original article by David Ramli
The Australian Financial Review – Page: 15 : 29-Jun-15

On 23 June 2015, the Australian Competition & Consumer Commission (ACCC) approved a deal for Telstra to lease its telecommunications infrastructure to NBN. The ACCC is yet to rule on a deal for NBN to buy the hybrid-fibre coaxial network of Singtel Optus for $A800m. This deal would significantly speed-up the roll-out of the national broadband network. The ACCC expects to issue a draft ruling on the Optus deal in July.

CORPORATES
TELSTRA CORPORATION LIMITED – ASX TLS, NBN CO LIMITED, SINGTEL OPTUS PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. DEPT OF COMMUNICATIONS

Former ACCC head believes Ten, Foxtel deal likely to go ahead

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Original article by Max Mason
The Australian Financial Review – Page: 17 : 17-Jun-15

The proposed equity deal between Ten Network and Foxtel will have to be approved by the Australian Competition & Consumer Commission. Former chairman Allan Fels says the growth of internet-based streaming video services should ensure that the deal is not blocked on competition grounds. John Kettle of law firm McCullough Robertson also expects the deal to be approved, and he says contractual arrangements between Ten and Foxtel are likely to attract the most scrutiny.

CORPORATES
TEN NETWORK HOLDINGS LIMITED – ASX TEN, FOXTEL MANAGEMENT PTY LTD, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, McCULLOUGH ROBERTSON, STARCOM MEDIAVEST GROUP, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, ILLYRIA PTY LTD, NETFLIX INCORPORATED, STAN ENTERTAINMENT PTY LTD, PRESTO ENTERTAINMENT PTY LTD

Competition concerns over TPG bid for iiNet

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Original article by David Ramli
The Australian Financial Review – Page: 13 : 12-Jun-15

The Australian Competition & Consumer Commission (ACCC) has postponed a decision on TPG Telecom’s takeover bid for iiNet until 20 August 2015. The ACCC has expressed concern that the $A1.56bn deal may result in a significant reduction in competition in the broadband sector. It has also suggested that the deal could result in an increase in the cost of internet access and reduced customer service for clients of the merged entity.

CORPORATES
TPG TELECOM LIMITED – ASX TPM, IINET LIMITED – ASX IIN, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, TELSTRA CORPORATION LIMITED – ASX TLS, SINGTEL OPTUS PTY LTD, JP MORGAN AUSTRALIA LIMITED, CITIGROUP PTY LTD, FOXTEL MANAGEMENT PTY LTD, AUSTAR UNITED COMMUNICATIONS LIMITED