Apple versus the banks ?>

Apple versus the banks

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Several Australian banks, including three out of the ‘big four’ banks, want the ACCC to give them the green light to engage in hard-core cartel conduct. The Banks’ submission On 26 July Bendigo and Adelaide Bank, the Commonwealth Bank, NAB and Westpac sought authorisation to engage in collective negotiation with providers of third party mobile wallet services (essentially Apple) and to collectively boycott third-party providers during the course of collective negotiations.  Apple has so far locked out third-party providers, although ANZ (the…

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Revival of effects test debate ?>

Revival of effects test debate

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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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Competition reform post-election ?>

Competition reform post-election

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Now that we finally have an election outcome (even if Herbert does still remain in doubt), it’s worth considering what this means for the proposed Harper reforms. We know that the Turnbull Government, in September last year, accepted most of the recommendations made in the Harper Report.  Following a further consultation, the Government announced (in March 2016) it would also adopt the controversial ‘effects test’ recommended by the Harper Panel in relation to misuse of market power.  We also know that Labor opposes the effects…

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The election and competition law and policy ?>

The election and competition law and policy

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It’s federal election time again and time to consider the respective policy positions of each of the major parties.  The key area of differentiation to date has been in relation to the introduction of an effects test for misuse of market power.  This has been supported by the Government and the Greens but is opposed by the Labor Party.  More recently the Labor party has indicated it would ‘ensure that competition policy does more to ameliorate the growing economic gap in our society’….

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New blog ?>

New blog

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Welcome to my new Australian Competition Law Blog.  This will replace by previous blog, but it will still retain archives from 2008-2016 (https://competitionlaw.wordpress.com/).  For more news and information about Australian Competition Law visit my main website.