Reviewing Concerted Practices and Misuse of Market Power

Arihant Agarwal

Australian Journal of Competition and Consumer Law

Arihant Agarwal, ‘Reviewing Concerted Practices and Misuse of Market Power’ (2021) 29(2) Australian Journal of Competition and Consumer Law 88

Abstract

The 2015 Harper Review suggested a plethora of amendments that should be made to the Competition and Consumer Act 2010 (Cth). The positive response from the government was followed by making amendments to the Act in 2017 that implemented a lot of those suggestions. Among them were the introduction of "concerted practices" in s 45 and a drastic change in the method to adjudge misuse of power in s 46. In this article, the author examines these amended provisions and details the possible implementation and enforcement concerns that can develop around them. While those amendments have been brought about to enforce a stronger competition regime, the effects might not necessarily be as desired.