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Harper Review – anti-competitive conduct and misuse of power

9 April 2015

The recently released Harper Review addresses a broad range of issues and makes recommendations for changes to the Competition and Consumer Act 2010 (Cth) (the CCA) in the context of our present economic climate.

In particular, the Harper Review received a number of submissions from industry contributors citing the relative (lack of) effectiveness  of s46 of the CCA as it applies to the misuse of market power.

The review panel found that s46 is "...deficient in its current form..." and recommended that legislative revisions should remove the focus in s46 on "purpose" as a defining factor in identifying anti-competitive conduct and concentrate more on directing the Court to assess the pro-competitive or anti-competitive nature of a corporation's conduct.

For more information please contact:

Andrew Nicholson | Partner
Mullins Lawyers
t +61 7 3224 0261
f +61 7 3224 0333
anicholson@mullinslaw.com.au

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