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Options to Strengthen the Misuse of Market Power Law

I have pleasure in enclosing two submissions prepared by the Competition and Consumer Committee and the SME Business Law Committee respectively of the Business Law Section of the Law Council of Australia. The submissions have been prepared in response to further consultation undertaken by the Federal Government prior to its responding to the recommendation of the Final Report of the Competition Policy Review in relation to the misuse of market provision. 

The Committees are two of 15 specialist Committees established within the Business Law Section to offer technical advice on different areas of law affecting business. Each of these Committees approaches issues of law reform and practice from a different perspective, which reflects the primary focus of their respective Committees. 

In this instance, the Competition and Consumer Committee supports the retention of s.46 of the Competition and Consumer Act in its current form whilst the SME Business Law Committee maintains that s.46 should be amended to afford greater protection for small business. The Business Law Section has concluded that both views should be submitted to Treasury for its consideration at this point in the policy-development process. Each separate Committee presents well considered views from experts with different focus areas and each submission can usefully inform a broader consideration of the issue from those different perspectives, in the context of the overall policy development. 

If you have any questions in relation to the Competition and Consumer Committee’s submission, in the first instance please contact the Committee Chair, Caroline Coops, on 03 9643 4097 or via email: caroline.coops@au.kwm.com. Any questions in relation to the SME Business Law Committee’s submission, should be directed in the first instance the Committee Chair, Coralie Kenny, on 0409 919 082 or via email: coralie.kenny@gmail.com. 

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