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ARTICLE · 28 JUNE 2017

Changes To Competition Law: The Misuse Of Market Power Bill

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The Senate is currently considering changes to the misuse of market power provisions in section 46 of the Competition and Consumer Act 2010 (Cth).

AustraliaAntitrust/Competition Law
Louise Massey
Louise Massey
Tara Voyce
Tara Voyce
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The Senate is currently considering changes to the misuse of market power provisions in section 46 of the Competition and Consumer Act 2010 (Cth).

The Competition and Consumer Amendment (Misuse of Market Power) Bill was introduced into Parliament in 2016 and was recently passed by the House of Representatives. The bill seeks to implement changes recommended by the Harper Review in 2015.

What would change?

The amendments are intended to strengthen the prohibition on misuse of market power by focusing on the competitive process as a whole, as opposed to purely the impact of a corporation's conduct on competitors.

Currently, the prohibition on misuse of market power has three essential elements:

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