Home Page / Submissions to inquiries

Submissions to inquiries

SubmissionsSubmissions to inquiries made by certain organisations and representative bodies

More forthcoming (currently reports listed for 2008-2010 only)
Please also note some of the APH links have been altered; I am working to update these links asap

 

ACCC

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Inquiry by Senate Economics Committee into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008, Submission No 12
Reported 2009 - Bill passed with minor amendments in 2009.

 

American Bar Association

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

 

Australian Bankers' Association

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

 

Australian Chamber of Commerce and Industry

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission no 3
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

 

Australian Constructors Association

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

 

Australian Food and Grocery Council (AFGC)

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

ACCC Grocery Inquiry 2008
Submission no 73.

 

Australian Industry Group

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

 

Australian National Retailers' Association (ANRA)

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission no 8
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 13
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Inquiry into the Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008] Submission No 1
Private Members Bill (Sen Fielding) - not proceeding

ACCC Grocery Inquiry 2008
Submission no 91.

 

Australian Retailers Association

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

 

Business Council of Australia (BCA)

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission No 5
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 5
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

Inquiry into the Trade Practices Legislation Amendment Bill 2008 Submission No 3
This bill (which subsequently passed) amended s 46 to make clear that recoupment was not a pre-requisite to success in predatory pricing cases under s 46(1) and to provide a list of factors the court could have regard to when determining whether the 'take advantage' element was satisfied (s 46(6))

Inquiry into the Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008] Submission No 1
Private Members Bill (Sen Fielding) - not proceeding

 

CHOICE

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Inquiry by Senate Economics into the Unit Pricing (Easy comparison of grocery prices) Bill 2008
Submission No 9.

ACCC Grocery Inquiry 2008
Late submission no 143.

 

Consumer Law Action Centre

Inquiry by Senate Economics Committee into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008, Submission No 8
Reported 2009 - Bill passed with minor amendments in 2009.

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

Inquiry into the Trade Practices Legislation Amendment Bill 2008 Submission No 5
This bill (which subsequently passed) amended s 46 to make clear that recoupment was not a pre-requisite to success in predatory pricing cases under s 46(1) and to provide a list of factors the court could have regard to when determining whether the 'take advantage' element was satisfied (s 46(6))

Inquiry by Senate Economics into the Unit Pricing (Easy comparison of grocery prices) Bill 2008
Submission No 7.

Inquiry into the Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008] Submission No 1
Private Members Bill (Sen Fielding) - not proceeding

 

Council of Small Business of Australia

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

 

Fair Trading Coalition

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments

Inquiry into the Trade Practices Legislation Amendment Bill 2008 Submission No 3
This bill (which subsequently passed) amended s 46 to make clear that recoupment was not a pre-requisite to success in predatory pricing cases under s 46(1) and to provide a list of factors the court could have regard to when determining whether the 'take advantage' element was satisfied (s 46(6))

Inquiry into the Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008] Submission No 1
Private Members Bill (Sen Fielding) - not proceeding

 

Institute of Public Affairs

Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

 

International Bar Association

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008) (Anti-trust Committee)
First draft bill - modified bill passed in 2009 with significant amendments

 

Law Council of Australia

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission No 1
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.
The LCA Trade Practices Committee submitted that there was no need to amend the TPA to address 'creeping acquisitions', but noted that the proposed amendments were 'less objectionable' than previous considered by Treasury.

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 2
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.

Senate Economics Committee, Trade Practices Amendment (Infrastructure Access) Bill 2009, Submission No 4
Bill to amends the National Access Regime in relation to: binding time limits and limited merits review; applications by certain persons that a certain service is ineligible to be a declared service; enabling the ACCC to accept access undertakings with fixed principles that will apply to subsequent undertakings; enabling the ACCC to issue an amendment notice proposing amendments to a proposed access undertaking submitted by a service provider; administrative processes of the NCC and the ACT; and consequential amendments. Bill passed with amendments in 2010

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

Inquiry by Senate Economics Committee into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008, Submission No 10
Reported 2009 - Bill passed with minor amendments in 2009.

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
First draft bill - modified bill passed in 2009 with significant amendments
The Trade Practices Committee and National Criminal Law Liaison Committee made separate submissions

Inquiry into the Trade Practices Legislation Amendment Bill 2008 Submission No 3
This bill (which subsequently passed) amended s 46 to make clear that recoupment was not a pre-requisite to success in predatory pricing cases under s 46(1) and to provide a list of factors the court could have regard to when determining whether the 'take advantage' element was satisfied (s 46(6))

 

Law Institute of Victoria

Forthcoming

 

Master Grocers Australia

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission No 6
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Inquiry by Senate Economics into the Unit Pricing (Easy comparison of grocery prices) Bill 2008
Submission No 4.

ACCC Grocery Inquiry 2008
Submission no 96.

 

Minerals Council of Australia

Senate Economics Committee, Trade Practices Amendment (Infrastructure Access) Bill 2009, Submission No 8
Bill to amends the National Access Regime in relation to: binding time limits and limited merits review; applications by certain persons that a certain service is ineligible to be a declared service; enabling the ACCC to accept access undertakings with fixed principles that will apply to subsequent undertakings; enabling the ACCC to issue an amendment notice proposing amendments to a proposed access undertaking submitted by a service provider; administrative processes of the NCC and the ACT; and consequential amendments. Bill passed with amendments in 2010

 

Motor Trades Association of Australia

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission No 7
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

 

National Association of Retail Grocers of Australia

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission No 4
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 1
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

Inquiry into the Trade Practices Legislation Amendment Bill 2008 Submission No 6
This bill (which subsequently passed) amended s 46 to make clear that recoupment was not a pre-requisite to success in predatory pricing cases under s 46(1) and to provide a list of factors the court could have regard to when determining whether the 'take advantage' element was satisfied (s 46(6))

Inquiry by Senate Economics into the Unit Pricing (Easy comparison of grocery prices) Bill 2008
Submission No 5.

Inquiry into the Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008] Submission No 1
Private Members Bill (Sen Fielding) - not proceeding

ACCC Grocery Inquiry 2008
Submission no 14. Also made second, third and fourth late submissions (No 129, 159 and 197).

 

National Competition Council

Senate Economics Committee, Trade Practices Amendment (Infrastructure Access) Bill 2009, Submission No 5
Bill to amends the National Access Regime in relation to: binding time limits and limited merits review; applications by certain persons that a certain service is ineligible to be a declared service; enabling the ACCC to accept access undertakings with fixed principles that will apply to subsequent undertakings; enabling the ACCC to issue an amendment notice proposing amendments to a proposed access undertaking submitted by a service provider; administrative processes of the NCC and the ACT; and consequential amendments. Bill passed with amendments in 2010

 

National Farmers' Federation

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

 

Pharmacy Guild of Australia

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission no 9
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

 

Public Intereset Advocacy Centre

 

RBB Economics

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 9
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.
"RBB Economics believes that the Bill is unnecessary and that the existing ‘substantial lessening of competition’ test in Section 50 of the Trade Practices Act 1974 is capable of identifying and preventing anti-competitive mergers in Australia."

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

 

The Retailers Association

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

 

Shopping Centre Council of Australia

Senate Inquiry into Competition and Consumer Legislation Amendment Bill 2010, Submission No 2
This bill releated to modifications to the merger provisions - in particular, removal of the word 'substantial' from the market definition for mergers.

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 10
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

Inquiry by Senate Economics Committee into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008, Submission No 1
Reported 2009 - Bill passed with minor amendments in 2009.

ACCC Grocery Inquiry 2008
Late submission no 203 and 247.

 

Small Business Development Council

Discussion Paper, Creeping Acquisitions (2008)
This was the first of two discussion papers released by the Rudd Government on creeping acquisitions

 

Spier Consulting

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 1
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.

Discussion Paper, Creeping Acquisitions - The Way Forward (2008-2009)
Released by then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP.

 

Treasury

Trade Practices Amendment (Material Lessening of Competition-Richmond Amendment) Bill 2009, Submission No 15
This private member's bill proposed to modify the merger test to address 'creeping acquisitions'. The bill did not pass.