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How do I recognise an anti-competitive merger?

Generally, competition concerns are unlikely to arise in a merger situation unless: 

  • The merged entity has/will have a market share of 40% or more; or 
  • The merged entity has/will have a market share of between 20% to 40% and the post-merger combined market share of the three largest firms is 70% or more

You may also consider whether the merging entity will affect the competition landscape in the market, such as giving rise to coordinated behaviour among firms (because the number of players in the market are reduced) or lead to increased market power such that the merging entity is able to raise prices and/or reduce output or quality after the merger.

Some mergers may also be exempted or excluded. Click here for a comprehensive list of exclusions and exemptions. 

 

Updated Date

Last Updated on 31 March 2018