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Tag: competition policy

Harper Exposure Draft Legislation Released ?>

Harper Exposure Draft Legislation Released

The Government today released Exposure Draft legislation (Competition and Consumer Amendment (Competition Policy Review) Bill 2016) designed to implement many of the recommendations made as part of the Competition Policy Review (Harper Review) 2014-2015. Consultation – be quick! Interested parties have relatively little time to respond to the draft legislation (which runs to and is accompanied by a 90 page explanatory memorandum), with submissions due by 30 September 2016.  In addition to Treasury’s review of the draft legislation, the ACCC today commenced two consultations on…

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Apple versus the banks ?>

Apple versus the banks

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

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

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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