Misuse of market power
Misuse of market power will remain a hot topic in 2016, with the Government engaging in further consultation early in the year (submissions due on 12 February 2016).

Harper Review
The hottest topic for 2015 was the Competition Policy Review (Harper Review), with the Panel's final report delivered in March 2015 and the Government response received in late November. .

Misuse of market power
Misuse of market power was a hot topic in 2014 and will remain so in 2015. The ACCC lost its misuse of market power case against Pfizer in February; on 18 March 2015 it lodged a Notice of Appeal against that decision. It has also been reported that one of the current priority investigations for the ACCC involves an investigation into Lion and Carlton & United over beer tap deals. Following the Government's response tot he Harper Review, the Government has announced a further consultation on misuse of market power laws, with submissions due on 12 February 2016.

Cartels and agency arrangements
The 2013 arguably inconsistent outcomes in the ANZ and Flight Centre cases in 2013 have led to some uncertainty about the circumstances in which agents may be considered in competitoin with their principals for purposes of the cartel laws. Both cases were appealed and judgment is pending.

Resale price maintenance
Possibly warm rather than hot - RPM attracted attention in 2014 when the ACCC granted the first ever RPM authorisation (despite the option being available to suppliers since 1995). The Harper Report recommended the introduction of a notification regime for RPM; the Government accepted this recommendation.

ACCC takes on Informed Sources
In August 2014 the ACCC instituted proceedings against Informed Sources and several petrol retailers alleging contravention of section 45. The matter was resolve din December 2015.

ACCC alleges egg cartel
In May 2014 the ACCC instituted proceedings alleging AECL and two egg producing companies attempted to induce egg producers to enter into a cartel. The matter is listed to be heard in April 2015 before Justice White.

Harper Review
The hottest topic for 2014 is the 'Son of Hilmer' Harper Review of Competition Policy.

Trade Practices Act celebrates 40 years
On 1 October 2014 the TPA (still in force but re-named the Competition and Consumer Act 2014) celebrated 40 years.

ACCC releases new immunity policy for cartel conduct
On 10 September 2014 the ACCC released a new cartel immunity and cooperation policy

Food and Grocery Code of Conduct
Treasury has been consulting on a Draft Food and Grocery Code of Conduct. A consultation paper was released in August - submissions closed on 12 September.

First Tribunal merger authorisation since 2007
In June 2014 the Australian Competition Tribunal granted its first direct merger authorisation.

ACCC takes on Informed Sources
In August 2014 the ACCC instituted proceedings against Informed Sources and several petrol retailers alleging contravention of section 45.

Supermarkets and shopper dockets
Following an investigation by the ACCC Coles and Woolworths agree to provide enforceable undertakings relating to the extent of shopper docket fuel discounts. The ACCC subsequently sued both companies alleging contravention of those undertakings.

Misuse of market power
Always a controversial provision, the Harper review has produced a plethora of submissions and some heated commentary on the appropriate test to be applied in abuse of power cases.

ACCC alleges egg cartel
In May 2014 the ACCC instituted proceedings alleging AECL and two egg producing companies attempted to induce egg producers to enter into a cartel

ACCC alleges Omniblend attempted to fix prices
In August 2014 the ACCC instituted proceedings against OmniBlend, alleging it attempted to engage in price fixing and RPM