The amendments will not become law until the other Harper-related amendments in the Competition and Consumer Amendment Competition Policy Review Bill , currently before the House of Representatives are enacted and commence. The revised section 46 will prohibit a corporation that has a substantial degree of power in a market engaging in conduct that has the purpose or effect of substantially lessening competition in a market in which the corporation with market power or a related body corporate supplies or acquires goods or services.
The new section 46 represents a significant change to the misuse of market power prohibition; it:.
One important change from earlier versions of the Bill is that section 46 will be limited to prohibiting a firm with market power engaging in conduct that has an anti-competitive purpose or effect only in those markets in which the firm or a related body corporate supplies or acquires goods or services or is likely to do so , rather than the much broader notion of "any other market". The amendments are expected to be welcomed by small businesses that have long argued for legislative change, and embraced by the ACCC that has had mixed success over the years in enforcing the current misuse of market power prohibition.
Incompatible Browser Detected
If passed, it would make authorisation available for conduct which might otherwise contravene section 46 of the CCA. Many firms are likely to already satisfy the test of possessing a substantial degree of power in a market.
- The Sydney Morning Herald.
- Latest Comments!
- LexisNexis Australia – LexisWeb – Practical Guidance;
- MURDER ON THE LANE (JENNY ALDRED TRILOGY Book 3).
- Captain Maddress and the Rescue of Marla Dufae;
- Quest for the Cure: The Science and Stories Behind the Next Generation of Medicines;
- Orthopaedics: Spotlight on Traumatic Injuries (Audio-Digest Foundation Orthopaedics Continuing Medical Education (CME). Book 33).
However, unlike the current state of the law on section 46 of the Competition and Consumer Act, for the first time in Australia, firms will now need to carefully consider whether the conduct they engage in, or propose to engage in, could be said to have the purpose, or have or be likely to have the effect, of lessening competition. Inevitably these changes are likely to result in some types of conduct that might not currently infringe section 46 as being potentially at risk of infringing section 46 in the future.
Falcon Chambers , Paul Morgan.
Options to strengthen the misuse of market power law
More Information. Convert Currency.
- Philip Larkin: Art and Self: Five Studies.
- Security in the Gulf: Historical Legacies and Future Prospects;
- Competition Law News - A new misuse of market power law | Ashurst.
The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.
Wallis and Futuna Western Sahara Yemen Zambia Zimbabwe Sale prohibited in Rest of World Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8. This eBook is available in the following formats: ePub. Hardback Site designed by www.