Clifford Chance

The ACCC sets pulses racing on Killer Acquisitions

3 December 2019

The notion of a "killer acquisition" is one whereby a dominant or incumbent firm acquires a start-up or potential competitor with the ultimate purpose (or effect) of eliminating future or potential competition. In recent times, the notion of a "killer acquisition" has given rise to increasing levels of competition law concerns and discussion worldwide, particularly within the digital sector as incumbent tech firms, such as Google and Facebook, seek to acquire promising and innovative start-ups.

This briefing will canvass Google LLC's proposed acquisition of Fitbit Inc (Proposed Acquisition) and will consider the  implications of the recommendations made by the Australian Competition & Consumer Commission (ACCC) in its Digital Platforms Inquiry Final Report (DPI Report) to the ACCC's assessment of the Proposed Acquisition and other "killer acquisitions" more generally under Australia's merger control regime.

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