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
