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ARTICLE · 28 SEPTEMBER 2016

Australia Proposes Competition Law Overhaul

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In general, some aspects of these amendments would move in the direction of harmonization and make doing business in Australia easier.

AustraliaAntitrust/Competition Law
Nicolas Taylor
Nicolas Taylor
Prudence Smith
Prudence Smith
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Disquiet from owners of major infrastructure and small businesses, together with Australian Competition and Consumer Commission ("ACCC") frustration that it lacks certain statutory powers, has prompted a proposal by the Australian Government ("Government") to overhaul the country's competition law. The amendment would address infrastructure owners' concern that a recent decision of the Australian Competition Tribunal—applying Australia's unique approach to regulating essential facilities—could lead to new regulation of infrastructure that otherwise would have remained unregulated. Amendments requested by the ACCC to expand the law's two most significant existing prohibitions are designed to enable the ACCC to take action against information-sharing between competitors and take action against the anticompetitive effects of conduct undertaken by firms with a substantial degree of market power.

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