Australian Competition Tribunal Explained

The Australian Competition Tribunal is an independent statutory review body, legislated by part III of the Competition and Consumer Act 2010.^[1] The Tribunal was originally established under the Trade Practices Act 1965 (Cth). Its members consist of judges drawn from the Federal Court of Australia.^[2] The Tribunal reviews merger authorisation determinations made by the Australian Competition and Consumer Commission (ACCC).^[3]

Role

Mergers and acquisitions are an important aspect of economies.^[4] The primary function of the Tribunal is to hear applications for the review of determinations made by the ACCC, and is empowered to:

• review the grant or refusal by the ACCC in granting or refusing authorisation for a company merger or acquisition^[5]
• perform the functions and powers of the ACCC in conducting such a review.^[6]

Notes and References

1. Web site: 24 July 2018 . About the Australian Competition Tribunal .
2. Competition and Consumer Act 2010 (Cth) s 31.
3. Luxton . Tim . 2022 . The Australian Competition Tribunal in 2021 . Australian Journal of Competition and Consumer Law . 19 . 4.
4. Tan . Hui Yun Corinne . 2011 . Further Reflections on the Interpretations of Private and Public Benefits in Merger Authorisation Decisions . Competition and Consumer Law Journal . 19 . 38.
5. Competition and Consumer Act 2010 (Cth) s 102.
6. Competition and Consumer Act 2010 (Cth) s 102(1).