Report

Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 [Provisions]

16 February 2017

© Commonwealth of Australia 2017
ISBN 978-1-76010-513-6

View the report as a single document - (PDF 310KB)

View the report as separate downloadable parts:

Senate Economics Legislation Committee (PDF 22KB)
Chapter 1 - Introduction (PDF 46KB)

Conduct of the inquiry
Overview of the bill
Financial impact
Background and consultation
Chapter 2 - Views on the bill (PDF 199KB)

Support for the bill
Deficiencies of the current section 46
Concern that amendments will 'chill' competition
Arguments that the effects test is neither novel or uncertain
Relevant Market
Other matters raised
Repeal of Part XIB
Post-implementation review
Committee view
Dissenting Report by Labor Senators (PDF 27KB)

Background and overview
Public comments on the effects test
Comments from written submissions
Specific measures
Conclusion
Additional Comments by Nick Xenophon - Competition law at the crossroads: Let's get it right (PDF 28KB)

Access to Justice
Divestiture:  The Sword of Damocles
A 'substantial lessening' of the effectiveness of the effects tests
Appendix 1 - Submissions received (PDF 15KB)

Committee Secretariat contact:

Senate Standing Committees on Economics
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3540
economics.sen@aph.gov.au

About this inquiry

On 1 December 2016, the Senate referred the provisions of the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 to the Economics Legislation Committee for inquiry and report by 16 February 2017.

Submissions closed on 9 January 2017.