Two years after the Competition Policy Review chaired by Professor Ian Harper (Harper Review) delivered its final report, the Government has introduced two Bills into the Parliament.
Exposure draft legislation was released today to amend the Competition and Consumer Act 2010 ( CCA ) in line with the majority of the recommendations of the Harper Review. The controversial proposed changes to section 46 of the CCA (misuse of market power) will be implemented according to the “Full Harper” formulation.
Prime Minister Malcolm Turnbull, the Treasurer Scott Morrison and the Small Business Minister and Assistant Treasurer Kelly O’Dwyer today announced that the Government would move to implement the Harper Review’s recommendation to replace the current section 46 provisions.
On 1 September 2015 it was reported that the ACCC had settled its case against Visa, the second in a pair of recent cases brought against international giants for misuse of market power under section 46 of the Competition and Consumer Act 2010 (CCA).
Since the High Court’s decision in Barbaro v The Queen, the Federal Court has increasingly scrutinised regulators and respondents attempting to resolve civil penalty proceedings by providing the Court with an agreed statement of facts that contains an agreed penalty figure or penalty range.
