ACCC Harper reforms Competition and Consumer Act 2010 CCA
Although the guidelines provide a useful insight into the ACCC’s approach to these new prohibitions, we do not know yet how the Court will apply the new tests and whether it will adopt the ACCC’s position.
The ACCC has also issued guidelines explaining the procedure for, and how it will assess, applications for authorisation of non-merger conduct that could otherwise breach the CCA.
In this Insight, we look at the key aspects of the guidelines and provide practical compliance tips to avoid running afoul (even unintentionally) of the misuse of market power and concerted practices prohibitions.