Interim Guidelines on misuse of market power
The submission to the Australian Competition and Consumer Commission’s Interim Guidelines on misuse of market power has been prepared by two committees of the Law Council’s Business Law Section.
Part A includes the submission of the Competition and Consumer Committee and Part B includes the submission of the Small and Medium Enterprise Business Law Committee.
Although the Committees discuss distinct issues or are largely in agreement, there is one key difference of note:
- References to ‘misuse’ of market power: the Competition and Consumer Committee suggests that the Interim Guidelines be better titled ‘Interim Guidelines on Anticompetitive Conduct by firms with Substantial Market Power’, as there is no requirement in the provision that substantial market power held by a corporation be ‘misused’. However, the SME Committee supports the current wording as it is the wording used in the Competition and Consumer Act 2010 (CCA), is well known within the large, medium and small business communities and captures the view that there are unlawful and lawful uses of market power.
You can read the full submission below.