Journal article

Section 46: Its Purpose and the Proposed New Effects Test

Julie Clarke

AUSTRALIAN BUSINESS LAW REVIEW | LAWBOOK CO LTD | Published : 2017

Abstract

The Competition and Consumer Amendment (Misuse of Market Power) Act 2017 will give effect to the Harper Report recommendation to introduce an effects test for Australia’s misuse of market power prohibition to replace the existing purpose-based test. Commencement of the effects test is contingent on the passage of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017. This proposed change has generated more political debate and public commentary than any other aspect of the proposed Harper Reforms. This article examines the convoluted process which has led to the current reform bill, before identifying the object of Australia’s misuse of market power law and examining..

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University of Melbourne Researchers