Competition Law Reading Room
Emerging characteristics of Australia’s supermarket industry - a case study for the ACCC’s first ex-post assessment
(2011) 39 Australian Business Law Review 147
'Ex-post assessments of competition agencies decisions may assist an agency to refine its current investigatory processes and procedures to minimise the chance of making “type 1” or “type 2” decision-making errors in relation to future decisions. To date, the Australian Competition and Consumer Commission (ACCC) has not released for public consideration any ex-post assessment of its merger decisions, adjudication determinations and/or enforcement investigations. This article recommends that the ACCC follow the lead of its overseas counterparts, and conduct ex-post assess- ments of its decisions in key industry sectors, such as Australia’s supermar- ket industry. Ongoing concerns regarding the competitiveness of Australia’s supermarket industry may make it an ideal candidate for the ACCC’s first ex-post assessment. Further, an ex-post assessment may assist the ACCC to clarify its “ambiguous” assessment of emerging economic characteristics in Australia’s supermarket industry.'
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