Corrs In Brief: Metcash defeats ACCC challenge to Franklins acquisition

Justice Emmett of the Federal Court today handed down his decision in the ACCC proceedings against Metcash in relation to its proposed acquisition of Franklins, finding in favour of Metcash.

On 17 October 2010, the ACCC announced its decision to oppose the transaction on the basis that it would lead to a substantial lessening of competition in the market for wholesale supply of packaged groceries to independent supermarkets. Unpersuaded by the ACCC’s analysis, Metcash invited the ACCC to commence proceedings and make their case.