50 or s50A would apply but not both. Definition of merger and authorisation the definition of overseas merger overseas merger authorisation reflect that it is not authorisation in s 4(1) authorisation for a person to engage in conduct to which s50 would apply. Paragraph 10.21 of the Explanatory Memorandum would also need to reflect these amendments. 13 Test for authorisation This is an issue of clarity only. s 91B(5) should not apply to merger upon review by the authorisations except to the extent that it refers New s 101(3) provides that s 91B(5) applies in relation to Tribunal to the test applied by the Tribunal. The the Tribunal in like manner as it applies in relation to the references to considering submissions does Schedule 10 ACCC. s 91B(5) enables a person granted authorisation not apply to merger authorisations and new ss for revocation of that authorisation and outlines the 101(2) and 102(8) make that clear. Part 2 requirements that apply to the ACCC is making a determination revoking the authorisation. Item 101 In addition to providing the test to be applied in making a Amend s 101(3) to ensure that it is only the New s 101(3) determination revoking an authorisation, s 91B(5) also statutory test in s 91B(5) that is applied and not refers to objections to the revocation included in any the additional text regarding the information to submissions invited by the ACCC. be taken into account. A confusing result of applying s 91B(5) to the Tribunal in like manner as it applies to the ACCC is that this implies that the Tribunal may invite submissions from parties in respect of the revocation, where as the information the Tribunal may take into account in review of a merger authorisation is limited by new provisions ss 102(2) and 102 (8). The ACCC considers that s 101(3) should be amended to ensure that it is only the statutory test in s 91B(5) that is applied and not the additional text regarding the information to be taken into account.
Definition of merger authorisation and overseas merger authorisation in s 4(1) 50 or s50A would apply but not both. the definition of overseas merger authorisation reflect that it is not authorisation for a person to engage in conduct to which s50 would apply. Paragraph 10.21 of the Explanatory Memorandum would also need to reflect these amendments. 13 Test for authorisation upon review by the Tribunal Schedule 10 Part 2 Item 101 New s 101(3) This is an issue of clarity only. New s 101(3) provides that s 91B(5) applies in relation to the Tribunal in like manner as it applies in relation to the ACCC. s 91B(5) enables a person granted authorisation for revocation of that authorisation and outlines the requirements that apply to the ACCC is making a determination revoking the authorisation. In addition to providing the test to be applied in making a determination revoking an authorisation, s 91B(5) also refers to objections to the revocation included in any submissions invited by the ACCC. A confusing result of applying s 91B(5) to the Tribunal in like manner as it applies to the ACCC is that this implies that the Tribunal may invite submissions from parties in respect of the revocation, where as the information the Tribunal may take into account in review of a merger authorisation is limited by new provisions ss 102(2) and 102 (8). The ACCC considers that s 101(3) should be amended to ensure that it is only the statutory test in s 91B(5) that is applied and not the additional text regarding the information to be taken into account. s 91B(5) should not apply to merger authorisations except to the extent that it refers to the test applied by the Tribunal. The references to considering submissions does not apply to merger authorisations and new ss 101(2) and 102(8) make that clear. Amend s 101(3) to ensure that it is only the statutory test in s 91B(5) that is applied and not the additional text regarding the information to be taken into account.