This matter was the subject of a merger authorisation application to the Australian Competition Tribunal in 2016 [ACT 2 of 2016]. Please refer to the Australian Competition Tribunal's published decision for further details about the ACCC's analysis of this matter.
Statement of issues
Sea Swift Toll - Statement of Issues 190215 19th February 2015 MER15+1322.docx (475.3 KB)
Sea Swift Toll Marine Statement of Issues 190215 19th February 2015 MER15+1683.pdf (799.4 KB)
On 29 June 2015 the ACCC accepted an undertaking from Toll that Toll will not cease providing marine freight services in the Northern Territory and Far North Queensland before 30 November 2015 unless the matter is resolved sooner or in other agreed circumstances. The undertaking formalises commitments Toll provided to the ACCC on 11 June 2015. 9th July 2015 D15+92284.pdf (1.1 MB)
9th December 2014
ACCC commenced review under the Merger Review Process Guidelines.
9th January 2015
Closing date for submissions from interested parties.
19th February 2015
ACCC published a Statement of Issues outlining preliminary competition concerns.
25th February 2015
ACCC requested further information from the merger parties.
13th March 2015
Closing date for submissions relating to Statement of Issues.
16th March 2015
ACCC received responses to the ACCC's request on 25 February from the merger parties. The ACCC also issued a separate information request to both parties. Original proposed decision date of 16 April 2015 delayed.
2nd April 2015
ACCC received further information from merger parties.
29th April 2015
ACCC requested further information from the parties.
7th May 2015
ACCC received further information requested from the parties on 29 April.
11th June 2015
Former ACCC decision date of 11 June delayed at the merger parties' request to allow them to provide information about the revised transaction and offer undertakings to resolve the competition concerns.
29th June 2015
The ACCC accepted a short-term section 87B undertaking, under which Toll commits to maintain the Toll Marine Logistics business until 30 November 2015 unless the matter is resolved sooner or in other agreed circumstances. This is separate from the undertakings offered by the parties to address the competition concerns, which the ACCC did not ultimately accept.
9th July 2015
ACCC announced it would oppose the proposed acquisition.
* Total Review days = Total business days less public holidays and time during which the review was suspended.