Download This PaperFurther Reflections on the Interpretations of Private and Public Benefits in Merger Authorisation Decisions
Hui Yun Corinne Tan, ‘Further reflections on the interpretations of private and public benefits in merger authorisation decisions’ (2011) 19 Competition and Consumer Law Journal 38
19 Pages Posted: 31 May 2014 Last revised: 5 Jun 2014
Date Written: September 30, 2011
Abstract
The Australian Competition Tribunal’s decision in Qantas provides an in-depth analysis on private and public benefits. The Canadian Competition Tribunal’s decision in Superior Propane also provides useful learning on the topic. This article examines the distinction between public benefits and private benefits, as well as the pros and cons of the balancing weights standard applied in some merger authorisation decisions. It attempts to reconcile the role of efficiencies with the future trend in authorisation decisions, and finally concludes by proposing a way forward for the Australian Competition Tribunal and the Australian Competition and Consumer Commission.
Keywords: Competition Law, Economic Analysis, Private Benefits, Public Benefits, Merger Authorisation, Decisions
JEL Classification: K00, K10, K20, K21, A10, A11, L44
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