by Gina Cass-Gottlieb, Simon Snow, Liza Carver, Luke Woodward, Nick Taylor, Charlie Beasley

The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs has now released a second discussion paper seeking comments on "the best way forward to address the issue of creeping acquisitions".

As to the discussion paper's purpose, the Assistant Treasurer has stated:

The paper continues the consultation process that has been important in broadening the discussion and understanding around creeping acquisitions and should ultimately lead to a more effective and a balanced approach to the issue.

The paper contains within it a new suite of "creeping acqusitions" law reform proposals. Of these proposals, the paper states that they seek to address the concerns raised by stakeholders previously that the “creeping acqusitions” proposal (in the form previously discussed) represented a disproportionate regulatory intervention and would hinder “greenfields” and organic development, stating that the solution eventually adopted would not have this effect.

Submissions in relation to the models proposed by the government, as well as any other regulatory or non-regulatory options that should also be considered are due by 12 June 2009.

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By: Ryunosuke Ushijima
This presentation discusses the major cases handled by the JFTC over the previous year in relation to: bid rigging, price fixing and other cartel behaviour; private monopolisation; and unfair trade practices. Additionally the presentation considers recent proposals to amend the Japanese Antimonopoly Act.

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by Elizabeth Avery

This paper was prepared for the American Bar Association Section of International Law 2009 Spring Meeting. The paper discusses recent major developments in competition law and merger review in Australia, including:
- recent developments in the merger review process;
- the new Merger Guidelines in Australia published by the Australian Competition and Consumer Commission (ACCC) in November 2008;
- use of the failing firm argument;
- the proposed introduction of a “creeping acquisitions” law to close of perceived gap in merger regulation in Australia; and
- the initial attempts by the ACCC to extend merger control under s 50 of the Trade Practices Act 1974 (Cth) to enable it to review acquisitions of assets involved in a firm’s organic development.

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By: Stephen C. Wu and Yvonne Y. Hsieh
(The article reflects only the authors' opinion and does not represent the opinion of Lee and Li.)
Cashbox Party World Karaoke Parlors ("Partyworld") and Holiday Group Co. Ltd. ("Holiday") are the largest and second-largest enterprises in the multimedia karaoke parlor market in Taiwan. In a decision dated 15 April 2009, the Taiwan Fair Trade Commission ("TFTC") determined that the potential adverse consequences of stifled competition arising from the proposed acquisition and merger of Partyworld by Holiday would outweigh the overall economic benefit from the transaction. This is the third time that the TFTC blocked the proposed merger.

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By: Stephen C. Wu and Yvonne Y. Hsieh
(The article reflects only the authors' opinion and does not represent the opinion of Lee and Li.)
On 25 March 2009, at a commissioners' meeting the Taiwan Fair Trade Commission found that Taiwan Digital Fiber Technology Co. Ltd. had failed to file a pre-combination notification with the Taiwan Fair Trade Commission for its acquisition of more than one-third of the issued shares in several cable television system operators.

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