Creeping acquisitions - the acquisition of a number of individual assets or businesses over time that may collectively raise competition concerns - were an area identified for reform during the 2007 election. This paper explores options for legislative change.

The paper continues the consultation process initiated by the government with the release of a first discussion paper on 1 September 2008. This second discussion paper takes into account the views presented in submissions to the first paper.

Creeping acquisitions are unlikely to be captured by the existing mergers and acquisitions test under section 50 of the Trade Practices Act. Concerns about this type of activity usually arise when a supplier with a substantial degree of market power acquires smaller competitors.