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ARTICLE · 22 AUGUST 2017

Misuse of market power reforms pass Senate

Clayton Utz
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Firms with market power need to carefully consider whether their proposed conduct could be said to lessen competition.

AustraliaAntitrust/Competition Law
Paul Burton
Paul Burton
Kirsten Webb
Kirsten Webb
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For the first time in Australia, firms with market power will now need to carefully consider whether the conduct they engage in, or propose to engage in, could be said to have the purpose, or have or be likely to have the effect, of lessening competition.

Changes to Australia's misuse of market power laws are another step closer, with the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 passing the Senate on 14 August 2017.

The Bill, introduced into the Parliament on 1 December 2016, represents the implementation of one of the significant competition reforms recommended by the Harper Competition Policy Review. The effect of these amendments is to expand the scope of section 46 to target conduct by corporations with substantial market power.

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