Re: Rail Sale Games

[mauried@tpg.com.au (Maurie Daly)]

On Thu, 31 May 2001 21:13:21 +1000, "Andrew Honan"
<ahonan@zipworld.com.au> wrote:

>
>"Maurie Daly" <mauried@tpg.com.au> wrote in message
>3b15e12a.18979950@can-news.tpg.com.au">news:3b15e12a.18979950@can-news.tpg.com.au...
>> On Thu, 31 May 2001 13:08:17 +1000, "Tezza"
>> <tezza2000@dingoblue.net.au> wrote:
>>
>> >"Adam Dunning" <adamdunning@start.com.au> wrote in message
>> >3b14da38$1@news.alphalink.com.au">news:3b14da38$1@news.alphalink.com.au...
>> >| Another article from Truck & Bus Tranportation (not Marinus this time
>> >| though!)
>> >|
>> >| pg 9, Jully 2001 issue (current)
>> >|
>> >| 'Rail sale games'
>> >| A split has developed between NSW and the federal government on the
>sale
>> >of
>> >| FreightCorp and the National Rail Corporation (NR).
>> >|
>> >| After agreeing last year to a parallel sale of the two companies, the
>> >| Federal Government in now being asked to sell the railways jointly -
>> >| virtually as a asingle entity.
>> >
>> >As recommended by the Union forced inquirey.
>>
>> Can anyone with some knowledge of corporate law comment on the
>> legality of this, ie selling two totally separate corporations as the
>> one entity.
>> It also seems to be a mechanism to defeat a ACCC investigation as to
>> whether a single owner of both Rail Operators would be anti
>> competetive .
>>
>I admit I am not an expert in corporate law, but I suspect there would be
>nothing to stop the joint sale in 'Corporate' law terms (as per Corporations
>legislation and administered by ASIC). I think you refer to the Trade
>Practices Act dealing with market power and anti-competitive forces (as
>administered by ACCC).

What I am unsure about is the definition of a joint sale .
ie is a joint sale a parallel sale in that after the sale there will
be two privatised rail companies with 1 owner , or two privatised rail
companies with 2 owners ,or 1 privatised rail company with 1 owner.
Clear as mud really.