Competition Law Reading Room
The 2010 Amendments to Part IIIA: Have we got the balance right?
Ted Hill
(2010) 18 Competition and Consumer Law Journal 190
Introduction
'One of the most common criticisms of Pt IIIA, particularly from access seekers, is that the declaration process takes too long and can be gamed by infrastructure owners seeking to delay access. In response to this criticism the Commonwealth Parliament has passed the Trade Practices Amendment (Infrastructure Access) Act 2010 (the 2010 Amendments). The 2010 Amendments seek to expedite the Pt IIIA processes, most controversially by placing limits on Australian Competition Tribunal reviews.
Against this background this article asks with the new amendments, do we have the right balance between rights of appeal and speed of process?'
Note
At the time of writing Ted Hill was a Partner at Allens Arthur Robinson. This comment is based on a paper presented at the Law Council of Australia's Trade Practices Workshop on 22 August 2010.
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