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ARTICLE · 16 FEBRUARY 2018

Australia Strengthens Its Competition Law

Baker McKenzie
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New rules took effect on 6 November 2017, which significantly strengthen Australian competition law.

AustraliaAntitrust/Competition Law
Anita Thompson
Anita Thompson

New rules took effect on 6 November 2017, which significantly strengthen Australian competition law.

The key changes are:

  • Misuse of market power: The prohibition against anti-competitive conduct by corporations with a substantial degree of market power has been broadened. In particular, the concept of "misuse" has been removed, and a corporation is now in contravention merely if its conduct has the purpose or effect (or likely effect) of substantially lessening competition. The legal profession has expressed strong concerns about the increased uncertainty that this will cause for businesses.
  • Concerted practices: A new broadly framed prohibition has been introduced against "concerted practices" (a concept that also exists in EU law) that have the purpose or effect (or likely effect) of substantially lessening competition.

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