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XRG and Carlyle navigate regulatory maze with Santos bid

The $36.4 billion pursuit of Santos looms as one of the first real tests of the Australian Competition and Consumer Commission's new merger regime.

Santos CEO Kevin Gallagher will need to present XRG and Carlyle's bid to shareholders once it is signed. AAP Photos/ Matt Turner.

It is well understood that ADNOC-owned XRG and Carlyle Group must clear a major foreign investment hurdle for their $36.4 billion purchase of Santos.

After all, they are the first large investor in years to take such a large bite out of Australia’s gas network.

But concern is mounting over the role of the Australian Competition and Consumer Commission under its new merger control regime — despite the consortium holding no other Australian gas assets that could raise competition issues.

Crucially, it remains unclear whether XRG and Carlyle have applied for competition clearance at all.