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Section 50 of the Competition and Consumer Act Prohibits Mergers

Question 14

Multiple Choice

Section 50 of the Competition and Consumer Act prohibits mergers that substantially lessen competition.Tingle Ltd controls 80 per cent of the herbs and spices in Australia.It has accepted a takeover offer from Toucan Ltd,which has not previously been involved in herbs and spices.Which of the following statements is correct in relation to s 50?


A) The takeover will probably not be approved because Toucan will control more than 40 per cent of the market.
B) The proposed takeover must be approved by the Federal Court.
C) Toucan's offer is likely to be approved if the offer is changed from a takeover to a merger.
D) The takeover is likely to be approved because it will not substantially lessen competition.

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