Interim guidelines on section 46 reforms

Overview

Important reforms to section 46 of the Competition and Consumer Act 2010 (CCA) will come into effect in the coming weeks. Under these reforms a firm with a substantial degree of market power is prohibited from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition in a market.

These interim guidelines sets out how the ACCC proposes to interpret s. 46 and describes the general approach we will take in investigating alleged contraventions of the provision.

Why your views matter

We invite feedback on the interim guidelines, which we will take into account in publishing the final version. We are interested in receiving comments or suggestions from interested parties regarding the content of the guidelines. 

In particular, we are inviting feedback from consumers, businesses and other stakeholders about the issues and topics covered in the interim guidelines to ensure that the ACCC provides suitable guidance on the recent changes to s. 46 and how the ACCC will approach potential breaches of the provision.

How to Make a Submission

Interested parties can upload a submission on the interim guidelines. A PDF format is preferred, and please include your name, organisation and contact details when making a submission.

Submissions are due by 5pm, 1 December 2017.