The Australian Competition and Consumer Commission (ACCC) is proposing to consider the potential data harvest resulting from mergers in its regulatory approval process.
ACCC Chair, Gina Cass-Gottlieb, suggested that increased control or access to data, technology or significant assets be included in the factors examined by the ACCC under Section 50 of the Australian Competition and Consumer Act.
Cass-Gottlieb also highlighted the loss of competitive rivalry, whether an acquisition forms part of a series of relevant acquisitions, and whether the acquisition enhances a position of substantial market power as other factors to be considered.
She called for European-style decision-making powers to be introduced and suggested that the focus should not just be on incremental change, but also the overall enhancement of dominant positions by large firms in the market.
The ACCC is currently reliant on a voluntary and enforcement-based merger notification scheme, which Cass-Gottlieb said was being exploited by international companies.
