As the Australian Competition and Consumer Commission considers whether to amend legal provisions regarding the misuse of market power, debate has emerged in the country over how the ACCC will impact the market with such changes.
Section 46 of the Competition and Consumer Act 2010 is now under question by the ACCC. According to reports, the watchdog is considering implementing a competition test to establish whether a company has abused its market dominance.
The ACCC is considering an amendment that states “A corporation has a substantial degree of market power in a market shall not engage in conduct that has the purpose or has, or is likely to have, the effect of substantially lessening competition in that or any other market.” has a substantial degree of market power in a market shall not engage in conduct that has the purpose or has, or is likely to have, the effect of substantially lessening competition in that or any other market.”
While some experts say the amendments would protect consumers and foster competition, others suggest that the rule changes would only protect competitors and not the overall competitive process.
Proponents of the amendments say that section 46 is inconsistently implemented, as it focuses on the conduct with the purpose of harming rivals, rather than focusing on overall competition in the market. That inconsistency, some say, means that an amendment is necessary.
Others, however, argue that that amendment would unfairly force any big business of engaging I conduct that would lessen competition.
Full content: Australian Financial Review
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
BHP Unveils £31bn Mining Megamerger Proposal with Anglo American
Apr 25, 2024 by
nhoch@pymnts.com
ByteDance Prefers Shutdown Over Sale of TikTok Amid US Ban Threats
Apr 25, 2024 by
CPI
FCC Votes to Restore Net Neutrality Rules
Apr 25, 2024 by
nhoch@pymnts.com
Apple Rejects Spotify’s Updated App Over In-App Pricing Disclosure
Apr 25, 2024 by
CPI
FCC Set to Reinstate Net Neutrality Rules Today
Apr 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI