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Competitive Market & Fair Trade - Clearances

2010

Aviation Operations and Aircraft Refueling (PNG) Limited (AOAR)

  • Applicant: AOAR
  • Date of Lodgement: March 30, 2010
  • File Number: C2010/12
  • Industry Classification (PNGSIC): (6303) Other Supporting Transport Activities
  • Summary of Application: The Aviation Operations and Aircraft Refueling (PNG) Limited (AOAR) applied to the Commission to acquire all the issued shares in Shell Oil Products Limited’s (SOPL) Joint-User Hydrant Installation (JUHI) assets located at the Jackson’s Airport.

    The Commission undertook a competition assessment of AOAR’s application, and was satisfied that the proposed acquisition would not have, or would not be likely to have the effect of substantially lessening competition in the market of distribution and into-plane supply of aviation fuel throughout PNG.

  • Document(s):
    ICCC Determination
    AOAR Clearance Application
    AOAR’s Submission in support of the application
  • Outcome: The Commission granted a clearance to the applicant pursuant to section 81(3) of the Act, on the condition that the applicant gives an undertaking to the Commission under section 85(1) within the timeframe specified by the Commission.
  • Determination Date: April 19, 2010

2009

Motor Vehicle Insurance Limited (MVIL)

  • Applicant: MVIL
  • Date of Lodgement: May 28, 2009
  • File Number: C2009/11
  • Industry Classification (PNGSIC): (6603) Non-Life Insurance
  • Summary of Application: On 6 December 2007, Motor Vehicle Insurance Limited (MVIL) initially applied to the Commission for a Clearance pursuant to section 81 of the Independent Consumer and Competition Act 2002 to acquire the remaining 50 percent shareholding in Pacific MMI Insurance Limited (PMMI) not already held by MVIL. The Commission assessed the application and was satisfied that the acquisition would not, or would not be likely to result in a substantial lessening of competition; and subsequently granted clearance to MVIL on 20 March 2008. This approval expires 12 months from the date on which it was given. Following the expiration of the first approval granted, MVIL reapplied to the Commission for a clearance to enable it finalise the acquisition, as it did not conclude the acquisition within the 12-month period. MVIL submitted that due to various factors including further negotiations concerning the terms of the sale and regulatory requirements, in particular certain requirements of BPNG in relation to the life insurance component of the acquisition, the parties did not finalise the acquisition within the twelve month period of the initial approval as provided for under section 81(6) of the Act. MVIL advised that negotiations between the parties have now been satisfied and that necessary applications for the Central Bank’s approval have been lodged and are now being processed. It also advised that there have been few, if any, material changes in the information previously submitted to the Commission under the original application dated 6 December 2007.
  • Document(s):
    ICCC Determination
    MVIL Clearance Application
    For other documents, refer to documents under file No. C2007/08
  • Outcome: The Commission is satisfied the proposed acquisition of the balance of 50 percent shareholding in PMMI by MVIL, will not have, and will not be likely to have, the effect of substantially lessening competition in the relevant market; and therefore granted clearance to the applicant pursuant to section 81(3) of the ICCC Act.
  • Determination Date: June 19, 2009

2008

ToyotaTsusho PNG Ltd (‘Ela Motors’)

  • Applicant: Ela Motors
  • Date of Lodgement: November 28, 2008
  • File Number: C2008/10
  • Industry Classification (PNGSIC): (3430) Parts and Accessories for Motor Vehicles
  • Summary of Application: Ela Motors applied to the Commission for clearance to purchase business assets of The Auto Clinic. In its application, Ela Motors submitted that the acquisition will not substantially lessen competition in the markets for: 1. supply of new and used cars in Port Moresby, because there is negligible or no overlap in the business of the parties in the market. 2. supply of mechanical services, repairs and spare parts because there is contestability. Ela Motors stated that the acquisition would enable it to become more competitive in the vehicle servicing business by offering improved and increased services to a wider geographic area.
  • Document(s):
    ICCC Determination
    Public Submissions
    Ela Motors Clearance Application
  • Outcome: The Commission granted clearance as it is satisfied that the acquisition would not result in a ‘substantial lessening of competition’ in the relevant markets discussed in the determination.
  • Determination Date: December 18, 2008

2008

New Britain Palm Oil Ltd (NBPOL)

  • Applicant: NBPOL
  • Date of Lodgement: June 17, 2008
  • File Number: C2008/09
  • Industry Classification (PNGSIC): (0143) Cultivation of Oil palm and; (0151) Cattle Rising for Beef and Dairy products
  • Summary of Application: New Britain Palm Oil Limited (NBPOL) sought clearance from the Commission to acquire the majority shares in Ramu Agri Industries Ltd (RAI). It submitted that the share acquisition will not substantially lessening competition in the market, as there will be either no effect or negligible effect on competition arising from the acquisition in the market.
  • Document(s):
    ICCC Determination
    Public Submissions
    NBPOL Supplementary Submissions
    NBPOL Clearance Application
  • Outcome: The Commission granted clearance.
  • Determination Date: July 14, 2008

2008

Motor Vehicle Insurance Limited (MVIL)

  • Applicant: MVIL
  • Date of Lodgement: December 6, 2007
  • File Number: C2007/08
  • Industry Classification (PNGSIC): (6603) Non-Life Insurance
  • Summary of Application: MVIL in a joint venture with Allianz holds 50 percent shares in PMMI. Since Allianz is desirous in selling its shareholding, MVIL has exercised its pre-emptive rights under the Constitution of PMMI to acquire that shareholding. Accordingly, MVIL applied to the Commission for clearance to proceed with the proposed shareholding acquisition.
  • Document(s):
    MVIL Supplementary Submission
    MVIL Clearance Application Determination
    MVIL Application
  • Outcome: The Commission granted clearance as it is satisfied that the acquisition would not result in a ‘substantial lessening of competition’ in the relevant market.
  • Determination Date: March 20, 2008

2006

Shell (PNG) Limited

2005

Hevilift Limited

  • Applicant: Hevilift Limited
  • Date of Lodgement: April 20, 2005
  • File Number: C/2005/06
  • Industry Classification (PNGSIC): Scheduled/Non-scheduled air transport
  • Summary of Application: Hevilift (PNG) Limited entered into a joint venture agreement with Regional Air Limited to establish a new JV Company, Hevilift Limited; which, subject to clearance by the Commission, will own and operate the respective aviation businesses of the parties to the joint venture.
  • Document(s):
    ICCC Determination ref Acquisition of Hevilift (PNG) Limited and Regional Air Limited
  • Outcome: ICCC granted Clearance to Hevilift Limited
  • Determination Date: May 9, 2005

2004

S.P.I. Distribution Limited

  • Applicant: S.P.I. Distribution Limited
  • Date of Lodgement: March 15, 2004
  • File Number: C2004/01
  • Industry Classification (PNGSIC): Extraction of Crude Petroleum and Natural Gas Related Service
  • Summary of Application: S.P.I Distribution, a subsidiary of InterOil Corporation proposed to acquire all the shares and assets of BP (PNG) Limited from its current owner, Gas Tank Nederland BV.
  • Document(s):
    ICCC Determination ref Acquisition of BP
  • Outcome: ICCC granted Clearance to S.P.I Distribution Ltd
  • Determination Date: April 15, 2004

2004

Boroko Motors Limited

  • Applicant: Boroko Motors Limited
  • Date of Lodgement: August 10, 2004
  • File Number: C2004/02
  • Industry Classification (PNGSIC): Wholesale and Retail Trade, Sale and Repair of Motor Vehicles, Motor Cycles, Personal and Household Goods
  • Summary of Application: Boroko Motors entered into a conditional business sale agreement with Steamships Limited pursuant to which Boroko Motors Limited proposed to acquire the assets of Steamships’ automotive division "Highway Automotive".
  • Document(s):
    ICCC Determination ref Boroko Motors Acquistion of Highway Automotive
  • Outcome: ICCC granted Clearance to Boroko Motors Ltd
  • Determination Date: August 30, 2004

2004

Marsh Limited

  • Applicant: Marsh Limited
  • Date of Lodgement: August 10, 2004
  • File Number: C2004/03
  • Industry Classification (PNGSIC): Insurance and Pension Funding, Except Compulsory Social Security
  • Summary of Application: Marsh Limited proposed to acquire Heath Lambert (PNG) Limited
  • Document(s):
    ICCC Determination ref Acquisition of Heath Lambert
  • Outcome: ICCC granted Clearance to Marsh Ltd
  • Determination Date: September 17, 2004

2004

Datec (PNG) Limited

  • Applicant: Datec (PNG) Limited / Steamships
  • Date of Lodgement: August 10, 2004
  • File Number: C2004/04
  • Industry Classification (PNGSIC): Computer and Related Activities
  • Summary of Application: Datec is investigating the feasibility of a merger with Daltron Electronics Ltd. The proposal is at the feasibility stage only and no documentations have been entered into except for a confidentiality agreement. The merger structure has not been finalised but it expected to involve all of the assets of Daltron in PNG.
  • Document(s):
    ICCC Determination ref Acquisition of Daltron Electronics
  • Outcome: ICCC declined to grant Clearance to Datec/Steamships
  • Determination Date: October 15, 2004