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Articles by Christopher Kok
Control, Alt, Relief: Parliament clarifies the merger rulebook
Further details on these changes are set out below. Non-notifications: voidable by court order, not by operation of law Currently, an acquisition that triggers the thresholds for mandatory ACCC notification is automatically void if it is put into effect (i.e. completed) without notification to the ACCC. This is regardless of whether the failure to notify was intentional or inadvertent.
The Australian Competition Authority awaits the introduction of a new merger clearance regime – Concurrences
New merger control regime in Australia From the beginning of next year, a new merger clearance regime will mean that larger scale financial sponsors will see most of their future transactions in Australia - including ‘serial acquisitions’ – likely require regulatory approval to proceed. [1] Under the new mandatory and suspensory regime, the ACCC must be notified of transactions that meet certain filing triggers (i.e. where the transaction is a ‘notifiable acquisition’, above a value threshold...
Australian merger control overhaul: 6 key takeaways from the draft merger reform legislation (including some surprises)
Yesterday, the Government released exposure draft legislation for its proposed new merger clearance regime. As covered in our previous alert, the Government is proposing to replace Australia’s existing informal merger notification process and formal merger authorisation regime with a new mandatory and suspensory merger clearance regime, due to commence on 1 January 2026.
The Australian Competition Authority initiates a consultation on the exposure draft legislation aiming to replace Australia’s existing informal merger control regime with a new mandatory and suspensory merger clearance regime - Concurrences
Yesterday, the Government released exposure draft legislation for its proposed new merger clearance regime. As covered in our previous alert, the Government is proposing to replace Australia’s existing informal merger notification process and formal merger authorisation regime with a new mandatory and suspensory merger clearance regime, due to commence on 1 January 2026. The Treasury Laws Amendment Bill 2024 sets out the legal framework for the regime, including the types of transactions e...
Caroline Coops - Concurrences
King & Wood Mallesons (Melbourne) Partner Caroline Coops is a partner at King & Wood Mallesons, based in Melbourne, where she practices in the Competition and Regulatory team and guides clients through complex merger clearances, misuse of market power, cartel and JV issues, regulatory investigations, competition and consumer law litigation and retail pricing and distribution strategies.
Tamara Hunter - Concurrences
King & Wood Mallesons (Sydney) Partner Tamara Hunter is a partner at King & Wood Mallesons, based in the firm’s Sydney office. Tamara specialises in regulatory investigations, litigation, and commercial advice in relation to Part IV of the Competition and Consumer Act and the Australian Consumer Law.
Simon Cooke - Concurrences
Simon Cooke is a partner at King & Wood Mallesons, based in the firm’s Melbourne office. He specialises in competition, consumer and regulatory law. Simon advises clients on all aspects of competition/anti-trust law as well as matters involving energy, telecommunications and financial regulation, consumer law issues, franchising, and general commercial law.
Christopher Kok - Concurrences
Christopher Kok is a partner at King & Wood Mallesons, based in the firm’s Sydney office. He is a competition law expert. He brings a unique perspective to the Australian market having previously worked at top-tier law firms in South Africa. Christopher specialises in advising on the competition aspects of complex merger and acquisition transactions. Clients value Christopher’s ability to provide practical commercial outcomes and project manage complex transactions.
NEXT: Business, Purpose, Future - Edition 7
Click here to watch the video. WELCOME TO KWM'S 7th EDITION OF NEXT NEXT exists to bring you a considered perspective on over-the-horizon issues for business. We’re excited to keep doing so with this edition, and an expanded offering for 2024 – more on that below. In this edition, we bring you practical discussion on risk management culture, ESG reporting and measuring social impact.
Merger Reform - What happens now?
2024 is shaping up as a significant year for potential reform of Australia’s merger regime, as the ACCC ramps up its campaign for wholesale changes to the competition merger control laws. While the reform options proposed in the consultation paper released by Treasury in late 2023 were high level ideas (with details to follow), the proposals would be likely to give the ACCC more scope to block proposed transactions and could limit the avenues for merger parties to appeal.
ACCC Childcare Inquiry Releases Final Report
On 29 January 2024, the ACCC released the final report of its inquiry into pricing in the childcare industry in Australia.[1] The ACCC was directed by the Treasurer in October 2022 to conduct a price inquiry into the national market for the supply of childcare services.[2] It examined how childcare markets and competition are working, and considered the impacts of market outcomes as they affect different households across Australia.
Zoning Board of Adjustment Special Meeting Agenda - March 19, 2020
Residents Urge Planning Board to Say No to Wawa in Wayne. By JON "FERRIS" MEREDITH February 12, 2020 WAYNE, NJ – This week’s Planning Board meeting was packed with Packanackers who lined up to provide resistance to a Wawa gas station and convenience store that is being proposed to be built where the old Nagel’s Candy Barn sits on the corner of Route 23 and Cedar Place. MCBS-RENJ WAYNE LLC is the name of the limited liability company for the Wawa franchise. Their three-person team, consisting ...
Indemnifying officers and employees for breaches of competition laws | Lexology
The Australian Competition and Consumer Commission (ACCC) and the Commonwealth Director of Public Prosecutions each have power to apply to the Federal Court of Australia (the Court) for penalties against employees and officers of a company for being involved in a contravention by the company of the Competition and Consumer Act 2010 (Cth) (CCA).
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