The Australian Competition and Consumer Commission (ACCC) is in the initial stages of considering the proposed acquisition and is conducting targeted market inquiries.

The legal test which the ACCC applies in considering the proposed acquisition is in section 50 of the Competition and Consumer Act 2010. Section 50 prohibits acquisitions that are likely to have the effect of substantially lessening competition in a market.

The Australian Peak Shippers Association (APSA) has been approached by the ACCC to gauge views on the following issues:

the extent of excess capacity in containerised liner shipping and the ease with which shipping lines can divert capacity between trade routes;
the ease with which customers/freight forwarders are able to switch between shipping lines; and
any other issues or information that you consider relevant to the likely competitive effects of the proposed acquisition.

Maersk Lines proposed acquisition of Hamburg Sud