New life for abuse of market power provision
The Federal Court breathed new life into section 46 of the
Competition and Consumer Act (Cth) 2010 when it recently found that
Ticketek Pty Ltd had contravened the provision. The court issued a
penalty of $2.5 million, finding Ticketek had engaged in
anti-competitive behaviour on four occasions. The court found that
Ticketek took advantage of its substantial degree of market power
in the market for the supply of ticketing services for the purpose
of deterring or preventing Lasttix (a rival ticketing company) from
engaging in competitive conduct.
Commentators and lobbyists have argued that the section lacks
teeth, but the Ticketek decision is a timely reminder that it
remains a powerful provision. This is particularly the case given
the increasingly broad definition of a market. Businesses need to
be conscious of the market within which they, their franchisees,
their suppliers and even their customers operate, and
