Further Reflections on the Interpretations of Private and Public Benefits in Merger Authorisation Decisions

The Australian Competition Tribunal's decision in Qantas provides an in-depth analysis on private and public benefits. The Canadian Competition Tribunal's decision in Superior Propane also provides useful learning on the topic. This article examines the distinction between public benefits and private benefits, as well as the pros and cons of the balancing weights standard applied in some merger authorisation decisions. It attempts to reconcile the role of efficiencies with the future trend in authorisation decisions, and finally concludes by proposing a way forward for the Australian Competition Tribunal and the Australian Competition and Consumer Commission