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 exposure Bill is to amend the Competition and Consumer Act 2010 to introduce prohibitions against concerted practices that substantially lessen competition.
A concerted practice is a form of coordination where competitors substitute cooperation with each other for the uncertainties of competition.
A more detailed discussion of these concepts including examples is provided in the Framework for Concerted Practices Guidelines.
If the Bill is enacted, we will publish guidelines that will be based on this framework to explain our approach to possible breaches of these prohibitions.
Why We Are Consulting
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 concerted practices provision 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, Friday 28 October 2016.
Your submission will be published. 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.