Unconscionable conduct by (mainly big) business has been notoriously tricky to prove. Could a change in legal wording help?
Articles on section 46
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The debate over two words in Australian competition law could lead to an anti-competitive future for Australian businesses.
The federal government will implement Harper’s much-pushed for recommendation for a new competition policy body - but how its fits with other regulators is uncertain.
In kicking the can down the road on section 46, the federal government has chosen good politics over good law.
The response to the Harper recommendations on competition policy reform was mature and wisely sidestepped the issue that could derail debate on it.
Supermarket giants are predictably opposed to
Harper Review’s effects test, but the report is a mixed bag when it comes to other retail competition issues.
The main question to ask of the Harper report is: what will make a tangible difference to our economic prosperity?
The “effects test” aims to boost prosecutions for misuse of market power. But will it really make it easier for the ACCC to win cases?
Top contributors
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Competition Lawyer; Senior Fellow, The University of Melbourne
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Professor, Melbourne Law School, The University of Melbourne
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Professor of Economics, Monash University
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Former Adjunct Professor, Australian National University
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Professor of Law, Discipline of Law, Justice and Society, Adelaide University