The Harper Review: Qualified Hope for Australian Competition Law

Caron Beaton-Wells

Australian Economic Review, 2015, vol. 48, issue 4, 417-427

Abstract: type="main" xml:lang="en">

This article discusses the key recommendations of the Final Report of the Competition Policy Review Panel relating to the competition provisions of the Competition and Consumer Act 2010 (Cwlth)—specifically, with regard to substantive rules, recommendations concerning the prohibitions on misuse of market power and cartel prohibitions and, with regard to form, recommendations concerning simplification of the law. It also critiques the Review Panel's failure to articulate a position on the statutory objects of the competition provisions. The article concludes that the recommendations in question should be accepted by government. However, the extent to which they achieve beneficial outcomes in practice will turn on the manner in which the new rules are drafted and the approach taken to their enforcement.

Date: 2015
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