Competition Law Reading Room
When too much power is barely enough
s 155 of the Trade Practices Act and
(2009) 16 Competition and Consumer Law Journal 314
The article explores the scope and limits of the ACCC’s investigatory powers under s 155 of the Trade Practices Act 1974, in the context of one recent amendment which expands the reach of s 155 and another apparently imminent amendment which restricts access to the fruits of its use. It considers how well they achieve the objectives of the Act, and in doing so evaluates the ACCC’s current approach to both public and private enforcement.