Draft framework for misuse of market power guidelines

Overview

On 5 September 2016 the Australian Government announced that it is consulting on an exposure draft of the Competition and Consumer Amendment (Competition Policy Review) Bill. The purpose of the Bill is to implement, in part, reforms identified by the Competition Policy Review. One area of reform included in the Bill is to amend the misuse of market power prohibition, section 46, of the Competition and Consumer Act 2010 (CCA). If the Bill is enacted, the ACCC will publish guidelines about its approach to possible breaches of the misuse of market power prohibition.

This framework provides a summary of the proposed content of the guidelines. It is intended to help interested parties understand the proposed reform to s.46 and provide them with the opportunity to give the ACCC feedback that will inform the development of the guidelines. The guidelines are intended to outline the ACCC’s approach to the interpretation and enforcement of the proposed misuse of market power provision.

Why your views matter

The ACCC invites feedback on this framework which it will take into account in preparing and publishing the guidelines if and when the CCA is amended. We are interested in receiving comments or suggestions from interested parties regarding the proposed content of the guidelines outlined in this framework. In particular, the ACCC is inviting feedback from consumers, businesses and other stakeholders about the issues and topics the ACCC can provide guidance on to assist them understand how the proposed s.46 will operate and how the ACCC will approach potential breaches of the provision.

How to Make a Submission

Interested parties can upload a submission on the proposed framework. PDF format is preferred, if possible.

Submission are due by 5pm, Monday 3 October 2016.

Submissions will be published online. Information of a confidential nature, or which is submitted in confidence, can be treated as such by the ACCC, provided cause for such treatment is shown.