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COMPETITION AND CONSUMER ACT 2010 - SECT 185

Merger clearances and authorisations

Existing old law merger clearances and authorisations to be treated as new law merger authorisations

             (1)  A clearance or authorisation granted under former Division 3 of Part VII that was in force immediately before the commencement time continues in force (and may be dealt with) at and after the commencement time as if:

                     (a)  it were an authorisation granted under section 88 of the amended Act; and

                     (b)  it specified section 50.

Old law continues to apply to applications for merger clearances and authorisations pending at commencement

             (2)  Despite the repeal of Subdivisions A and B of Division 3 of Part VII by Schedule 9 to the amending Act, those Subdivisions (other than sections 95AH, 95AI, 95AR and 95AS) continue to apply at and after the commencement time, as if the repeal had not happened, in relation to an application for a clearance made under section 95AD before the commencement time, unless:

                     (a)  a determination was made before the commencement time under section 95AM refusing to grant the clearance; or

                     (b)  the clearance came into force before the commencement time.

Note:          If a clearance is granted in relation to the application, it is taken to be an authorisation under section 88 that specifies section 50: see subsections (6) and (7).

             (3)  Despite the repeal of Subdivisions A and C of Division 3 of Part VII by Schedule 9 to the amending Act, those Subdivisions (other than sections 95AZ, 95AZA, 95AZL and 95AZM) continue to apply at and after the commencement time, as if the repeal had not happened, in relation to an application:

                     (a)  made under section 95AU before the commencement time; and

                     (b)  in relation to which a determination under section 95AZG had not been made before the commencement time.

Note:          If an authorisation is granted in relation to the application, it is taken to be an authorisation under section 88 that specifies section 50: see subsection (6).

New law generally applies for review of merger clearance determinations

             (4)  At and after the commencement time, Part IX as amended by Schedule 9 to the amending Act applies in relation to a determination (a clearance determination ) made by the Commission before, at or after the commencement time under former section 95AM in relation to a clearance, as if the clearance determination related to a merger authorisation that is not an overseas merger authorisation.

Note:          Former section 95AM is repealed by Schedule 9 to the amending Act, but has a continued limited application: see subsection (2).

Old law continues to apply to review of merger clearance determinations if proceedings are pending at commencement

             (5)  However, if:

                     (a)  an application for a review of a clearance determination is made under former Division 3 of Part IX before the commencement time; and

                     (b)  the Tribunal has not made its decision on the review before the commencement time;

then:

                     (c)  subsection (4) does not apply in relation to the clearance determination; and

                     (d)  despite the repeal of that Division by Schedule 9 to the amending Act, that Division continues to apply in relation to the clearance determination at and after the commencement time, as if the repeal had not happened.

Old law merger clearances and authorisations granted or coming into force after commencement to be treated as new law merger authorisations

             (6)  A clearance or authorisation granted at or after the commencement time in relation to an application made under former section 95AD or 95AU before the commencement time is, after it is granted, taken to be (and may be dealt with as) an authorisation:

                     (a)  granted under section 88 of the amended Act; and

                     (b)  that specifies section 50.

Note:          This subsection covers applications processed after the commencement time under the old law as it continues to apply under subsection (2), (3) or (5).

             (7)  A clearance granted before the commencement time in relation to an application made under former section 95AD which had not come into force before the commencement time is, after the clearance comes into force, taken to be (and may be dealt with as) an authorisation:

                     (a)  granted under section 88 of the amended Act; and

                     (b)  that specifies section 50.

Prohibition against providing false or misleading information applies to information given as a result of this section

             (8)  Section 92 applies to information given to the Commission or Tribunal, at or after the commencement time, under Division 3 of Part VII, or Division 3 of Part IX, as it continues to apply under subsection (2), (3) or (5), in connection with a clearance or authorisation as if the information were information given:

                     (a)  to the Commission or Tribunal under Division 1 of Part VII, or Part IX, of the amended Act; and

                     (b)  in connection with a merger authorisation.

Note:          Remedies can be obtained after the commencement time in relation to false or misleading information given to the Commission or Tribunal before the commencement time: see former section 95AZN, and subsection 7(2) of the Acts Interpretation Act 1901 .

Normal application of provisions unaffected

             (9)  Nothing in this section limits the application of Part IX, or section 92, of the amended Act.


 



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