National Foods Limited appears to have convinced the ACCC to provide clearance to its proposed acquisition of Pauls Limited without the need for it to make its usual market enquiries. In accepting a courtenforceable divestiture undertaking from National Foods to address its competition concerns, the ACCC relied on its understanding of the dairy industry. It will be interesting to see whether this case will pave the way for other proposed mergers to proceed with a similar level of cooperation from the ACCC.

Gaire Blunt/ Jenny Zaverdinos
Allen Allen & Hemsley
Sydney