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ARTICLE · 23 OCTOBER 2017

Imminent Australian competition law changes present new risks and opportunities

Norton Rose Fulbright Australia
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The changes respond to the recommendations of the Competition Policy Review, chaired by Professor Ian Harper in 2015.

AustraliaAntitrust/Competition Law
Nick McHugh
Nick McHugh
Claire Forster
Claire Forster
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Introduction

Two laws to substantially amend the Competition and Consumer Act 2010 (Act) have now been passed:

  • the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017, passed on 23 August 2017; and
  • the Competition and Consumer Amendment (Competition Policy Review) Bill 2017, passed on 18 October 2017.

They commence on the earlier of the date of Proclamation or six months from the date or royal assent and could be effective in the coming weeks, according to the ACCC's media release.

The changes respond to the recommendations of the Competition Policy Review, chaired by Professor Ian Harper in 2015. Whilst they increase coverage of the Act in some respects, they provide more clarity in the application of the Act, improve several exemption processes and achieve more appropriate proportionality across various types of anti-competitive conduct.

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