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Harper competition reforms now passed ?>

Harper competition reforms now passed

Last week Parliament passed the most significant reforms to Australia’s competition laws in more than two decades. The legislation The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (CPR Bill) includes the majority of reforms recommended in the 2015 Harper Report. The related Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (MMP Act), became law on 23 August this year.  As the name suggests, it contains the reforms to the misuse of market power provisions. However, commencement of those…

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Harper Reforms: State of Play ?>

Harper Reforms: State of Play

The Harper recommendations for reform to Australia’s competition laws are being introduced in two stages, with the misuse of market power reforms being debated separately from the remaining reforms. This week the House passed the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 (after 17 second reading speeches and some significant amendment to the original bill) and introduced the Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 containing the remaining key Harper reforms.  Debate on both bills has now been deferred…

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Senate Committee gives green light to effects test ?>

Senate Committee gives green light to effects test

The Senate Economics Committee today recommended passage of the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 which will introduce the Harper Recommendations (frequently abbreviated as the ‘effects test’). I’ve previously posted about the content and merit of the bill and won’t repeat myself here, instead focusing on what the Committee majority and the dissenting Labor Senators, as well as Nick Xenophon (who sort of agrees but wants more to be done) had to say about it. Briefly the…

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Misuse of Market Power Bill introduced ?>

Misuse of Market Power Bill introduced

Misuse of market power bill introduced On the last sitting day of Parliament 2016, and while I was snoozing half way around the world thinking the Parliamentary year had ended without any sign of the Harper Reforms, Treasurer Scott Morrison introduced the Misuse of Market Power bill (or the more mundane Competition and Consumer Amendment (Misuse of Market Power) Bill 2016) I’m afraid this will be a lengthy post (that was unintended … it got a bit out of control) – the short version…

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Revival of effects test debate ?>

Revival of effects test debate

The effects test for misuse of market power (recommended in the Harper Report and accepted by the Government in March this year) has had a bit of a run in the media over the last week. This was prompted the release of the Productivity Commission’s draft report on the regulation of agriculture last Thursday, which suggested the effects test would do nothing to shield farmers from competition in the retail grocery market and that, even if it did, this would…

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