Publications

Submission lodged on the ACCC's guidelines on misuse of market power provision

The Business Council of Australia has made a submission to the Australian Competition and Consumer Commission (ACCC) on the following three documents:

  1. Interim Guidelines on Misuse of Market Power
  1. Interim Guidelines on Concerted Practices
  1. Guidelines for Authorisation of Conduct (non-merger)

Our submission recommends changes to the guidelines to provide business with greater certainty about how the new laws will operate and, specifically in relation to the first document, to ensure the provision is properly focussed on the misuse of market power, not regular business conduct.

We also recommend the ACCC establish a fast-track authorisation process for conduct that is of a nature that the ACCC has previously stated will not substantially lessen competition.