Footnotes

[1] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003 at http://tpareview.treasury.gov.au/content/report.asp.

[2] House Hansard, 17 February 2005, p. 9.

[3] Submission 1 (CFMEU). A copy of this submission is at Appendix 2 of this report.

[4] Subsection 50(2) of the TPA prohibits a 'person' from acquiring shares or assets of a corporation subject to the competition test.

[5] Under section 87B of the Act, the ACCC may require an undertaking 'in connection with a matter in relation to which the Commission has a power or function' under the Act.

[6] The ICN was set up to formulate best practice guidelines for competition law enforcement. It has over 80 member countries including Australia.

[7] The applicant corporation may also apply to the Tribunal for a review on the merits of the ACCC's decision.

[8] Trade Practices Legislation Amendment Bill (No. 1) 2005, Explanatory Memorandum, the Parliament of the Commonwealth of Australia, House of Representatives, p. 22, paras. 5.48-5.49.

[9] Parliamentary Library Bills Digest No. 23, 2004-05, Trade Practices Legislation Amendment Bill 2004.

[10] Trade Practices Legislation Amendment Bill (No. 1) 2005, Explanatory Memorandum, the Parliament of the Commonwealth of Australia, House of Representatives, p. 2, paras. 1.6-1.7.

[11] The Department of the Treasury tabled a memorandum, dated 10 March 2005, from the President of the Tribunal regarding this matter. A copy of this memorandum is tabled with this report.

[12] A limited exception is made in section 45A for joint ventures and joint buying groups although the competition test in section 45 still applies.

[13] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 115 at http://tpareview.treasury.gov.au/content/report.asp.

[14] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 121 at http://tpareview.treasury.gov.au/content/report.asp.

[15] The government proposes to set a 28-day period by regulation with a further assessment at the end of 12 months.

[16] Proposed subsection 93AB(4).

[17] Second Reading Speech, House Hansard, 17 February 2005, p. 9.

[18] Trade Practices Legislation Amendment Bill (No. 1) 2005, Explanatory Memorandum, the Parliament of the Commonwealth of Australia, House of Representatives, p. 60, para. 5.268.

[19] Proposed subsection 93AB(7).

[20] Trade Practices Legislation Amendment Bill (No. 1) 2005, Explanatory Memorandum, the Parliament of the Commonwealth of Australia, House of Representatives, p. 60, para. 5.268.

[21] Proposed subsection 93AB(9).

[22] For guidelines on the ACCC's approach, see 'Authorising and notifying collective bargaining'. at http://www.commission.gov.au/content/index.phtml/itemId/522935/fromItemId/314462.

[23] Section 47 of the Act.

[24] Subsections 47(6) and (7) of the Act.

[25] Subsection 88(8) of the Act.

[26] Subsection 90(8) of the Act.

[27] Section 93 of the Act.

[28] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 129 at http://tpareview.treasury.gov.au/content/report.asp.

[29] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 128 at http://tpareview.treasury.gov.au/content/report.asp.

[30] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, pp. 128-9 at http://tpareview.treasury.gov.au/content/report.asp.

[31] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, pp 128-9 at http://tpareview.treasury.gov.au/content/report.asp.

[32] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 129 at http://tpareview.treasury.gov.au/content/report.asp.

[33] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 131 at http://tpareview.treasury.gov.au/content/report.asp.

[34] Committee of Inquiry into the Competition Provisions of the Trade Practices Act 1974, Review of the competition provisions of the Trade Practices Act, Commonwealth of Australia, Canberra, 2003, p. 125 at http://tpareview.treasury.gov.au/content/report.asp.

[35] Proof Committee Hansard, 14 March 2005, p. E4.

[36] Proof Committee Hansard, 14 March 2005, p. E11.

[37] Proof Committee Hansard, 14 March 2005, p. E11.