Ashurst successfully represented AGL Energy Limited in the landmark decision by the Australian Competition Tribunal (ACT) to grant merger authorisation for AGL's proposed acquisition of Macquarie Generation.

The acquisition of Macquarie Generation had initially been rejected by the Australian Competition and Consumer Commission (ACCC) due to competition concerns, leading AGL to seek  merger authorisation from the Tribunal - the first time the Tribunal has made a decision under this regime since it was introduced by then Federal Treasurer Peter Costello in 2007.
 
According to lead Ashurst partner on the matter, competition specialist Liza Carver: "This is a ground breaking event in competition law in this country and our firm is delighted to have been able to assist AGL in delivering this outcome.

"The Tribunal applies a net public benefit test and found that AGL's acquisition of Macquarie Generation would lead to significant public benefits, while rejecting the ACCC's theories of anti-competitive outcomes from the merger.
 
"The decision demonstrates that the Tribunal can be a real and timely alternative to seeking informal merger clearance from the ACCC. The Tribunal heard and determined the case in just three months."