Asahi Holdings (Australia) Pty Ltd - s.87B undertaking

On 11 August 2011, the ACCC accepted a section 87B undertaking given by Asahi Holdings (Australia) Pty Ltd (Asahi) to acquire P&N Beverages Australia Pty Ltd (P&N), simultaneously divest the cordial and carbonated soft drink (CSD) business of P&N to the newly established Tru Blu Beverages Pty Ltd (TBB) and retain the water and fruit juice business of P&N.

The undertaking was accepted on the basis that it resolves the competition concerns identified by the ACCC in its decision of 9 March 2011 regarding Asahi's proposed acquisition of 100% of P&N.  The ACCC opposed Asahi's 100% acquisition of P&N on the basis that the proposed acquisition would substantially lessen competition in the national markets for the wholesale supply of cordial and CSD.

The ACCC considers that TBB will continue to be an effective and vigorous competitor in the cordial and CSD markets.