Summary

Amends the:

to: clarify that ‘competition’ includes competition from goods and services that are capable of importation, in addition to those actually imported; confine the application of cartel conduct provisions to conduct affecting competition in Australian markets; change the scope of the joint venture exceptions; remove provisions relating to the anti-competitive disclosure of pricing and other information (known as price signalling); prohibit a corporation from engaging in a concerted practice that has the purpose, effect or likely effect of substantially lessening competition; remove the separate prohibition on exclusionary provisions; define ‘contract’ and ‘party’ to include covenants; increase the maximum penalty applying to breaches of the secondary boycott provisions; prohibit third line forcing only where it has the purpose, effect or likely effect of substantially lessening competition; enable a corporation or person to notify the Australian Competition and Consumer Commission (ACCC) of resale price maintenance conduct, as an alternative to seeking authorisation from the commission for such conduct; provide an exemption from the resale price maintenance prohibition for conduct between related bodies corporate; consolidate authorisation provisions, including those relating to mergers, into a single authorisation process; grant the ACCC with ‘class exemption’ and ‘stop notice’ powers; provide for reviews by the Australian Competition Tribunal of merger authorisation determinations by the ACCC; enable a party bringing certain proceedings to rely on both admissions of fact and finding of fact made in certain other proceedings; extend the ACCC’s power to obtain information, documents and evidence in relation to investigations of alleged contraventions or court enforceable undertakings and merger authorisation determinations, and introduce a ‘reasonable search’ defence in relation to the failure or refusal to comply with a notice to produce such documents; implement recommendations made by the Productivity Commission in relation to the National Access Regime; streamline administration of the Act, particularly in relation to requirements of the Australian Consumer Law; and make consequential amendments; and to make consequential amendments.