Antitrust Merger Policy: Lessons from the Australian Experience

Abstract

A study of the operation of Australia's merger policy over the last twenty-seven years can yield lessons for countries that are contemplating the introduction of their own merger policy. If it is to be used to enhance value, merger policy should provide that any possible increase in monopoly power be weighed against any increases in efficiency. The process by which this is achieved should be undertaken with speed and secrecy so as not to deter efficiency-enhancing mergers. The twin requirements of speed and secrecy will, in turn, present problems in achieving fair process and the creation of precedent.