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Harper Reforms | Sweeping changes to the Competition and Consumer Act commence

06.11.2017

Broad ranging reforms to Australia’s competition regime have come into effect following government consultation.

 


Key takeouts


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.

 

How can we assist your business in response to the reform package?

  • Assess risks arising from the reforms that may specifically impact your business
  • Advise on changes to merger reviews and what that may mean for your approach
  • Design and deliver up to date antitrust compliance training for your staff
  • Manage interactions with the ACCC, as it tests the boundaries of these reforms

 

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