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ARTICLE · 05 DECEMBER 2016

Get ready now for the misuse of market power reforms

This Bill is the first formal step to implement competition reforms recommended by the Harper Competition Policy Review.

AustraliaAntitrust/Competition Law

Changes to Australia's misuse of market power laws are closer, with the introduction of the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 into Federal Parliament.

The Bill represents the Government's first formal step to implement the competition reforms recommended by the Harper Competition Policy Review. It also follows extensive consultation undertaken by the Government on various options to implement the Harper recommendations to amend section 46 and, more recently, on an exposure draft of amendments proposed to be made to the competition provisions of the Competition and Consumer Act 2010 (Cth) (CCA).

Although it will not become law until next year, businesses should begin reviewing their conduct to ensure they will not fall foul of the amended section 46.

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