ACCC demands review of Tabcorp-Tatts merger

"We believe we had no option but to seek a review of these three, what we say, are reviewable errors, particularly because they set such important precedents for the decisions we have to make into the future," said ACCC chairman Rod Sims.

One of the errors relates to the way the tribunal would only recognize a “public detriment” if it observed a “substantial” lessening of competition.

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The ACCC argued that any lessening of competition, whether substantial or not, should be taken into account.

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The ACCC is also seeking a review of the Tribunal’s failure to compare the future state of competition both with and without the proposed merger - arguing that the “future with and without” comparison is… fundamental to the assessment of likely detriment in all competition cases.

Finally the ACCC is seeking a review on the grounds that Tribunal made an error in the weight it gave to benefits, such as cost savings and revenue synergies, which would be retained by Tabcorp and not shared with consumers more broadly.

Tabcorp Holdings told the stock exchange on Monday it was considering the ACCC's application, and would "provide further information as appropriate".