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ARTICLE · 13 NOVEMBER 2017

Big changes to competition laws just came into effect

Marque Lawyers
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These changes include the misuse of market power effects test, along with other reforms stemming from the Harper Review.

AustraliaAntitrust/Competition Law
Alex Horvath (Formerly With Marque Lawyers)
Alex Horvath (Formerly With Marque Lawyers)
Hannah Marshall
Hannah Marshall
Michael Bradley
Michael Bradley
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As of last Monday, a heap of changes to the Competition and Consumer Act came into effect. This includes the misuse of market power effects test along with a whole suite of other reforms stemming from the Harper Review.

Businesses need to get across the changes so that they can manage compliance. Here are the highlights.

  • Misuse of market power: The misuse of market power effects test is now in force. We've written about this before here. The scope for contravention is much wider than before, and for big businesses the only comfort is that authorisation is now available.
  • Third line forcing: Third line forcing is no longer prohibited outright. Like other kinds of exclusive dealing, it's now only prohibited when it substantially lessens competition.

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