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McDonald’s MonopolyThe Australian Competition and Consumer Commission (ACCC) has paved the way for sustainable finance industry collaboration by issuing a draft determination that proposes conditional authorization for the Australian Sustainable Finance Institute (ASFI) and various industry participants to work together on sustainable finance projects. This proposal sets the stage for ASFI and its members, along with other financial stakeholders, to share data and collaborate on developing investment structures and regulatory proposals that promote sustainability goals.
The framework outlined in the proposal emphasizes the incorporation of environmental and natural capital data into investment decision-making processes and the creation of financial products that align with sustainable development objectives. The collaborative efforts are expected to drive private investment into environmentally focused initiatives, including support for low-emission agricultural practices and producers adhering to international sustainability standards.
ACCC’s deputy chair, Mick Keogh, highlighted the potential benefits of the proposed collaboration, such as increased investment in projects aimed at preserving Australia’s environment, cost savings, and process efficiencies. To address potential competitive risks, the ACCC has included conditions in the draft that regulate the sharing of information and govern the conduct of the collaboration to ensure transparency and prevent market distortion.
ASFI, operating as a cross-sector platform involving representatives from finance, academia, civil society, and regulatory agencies, welcomes participation from financial institutions and service providers interested in advancing sustainable finance practices. The institute has garnered support from the Department of Foreign Affairs and Trade to attract private capital for development projects in the Indo-Pacific region as part of a broader blended finance strategy.
In a related development, the ACCC also unveiled a draft of its new merger assessment guidelines designed to guide enforcement under Australia’s updated merger control laws, set to take effect on January 1, 2026. While the legal test for mergers remains unchanged – assessing whether a merger would substantially lessen competition – the revised framework explicitly considers scenarios where market power is created, strengthened, or entrenched.
Commissioner Philip Williams emphasized that the updated guidelines aim to offer clarity to stakeholders. The draft guidelines also introduce a provision for the commission to evaluate the cumulative effects of multiple acquisitions over a three-year period, allowing for a comprehensive assessment of the broader market impact of serial transactions.
The ACCC is seeking feedback on the merger guidelines ahead of the commencement of voluntary notification arrangements on July 1. The consultation period for submissions on the draft determination regarding sustainable finance collaboration is open until May 2, after which a final decision will be made.
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