Prohibition against misuse of market power now includes an ‘effects test’
A newly introduced prohibition against ‘concerted practices’ targets anti-competitive conduct where the ACCC may previously have had difficulties proving a ‘contract, arrangement or understanding’
Parties can now seek either informal clearance or authorisation from the ACCC
Third line forcing is subject to the competition test like other forms of exclusive dealing
The reforms are the government’s response to recommendations that were made by the Harper Review panel, which carried out the first comprehensive review into Australia’s competition laws and policy in over 20 years.
Below we outline key amendments under the reform package that businesses should be aware of.