Competition Policy Review

Treasury Competition Taskforce (2023-2025)

Overview | Advisory Panel | Terms of Reference | Reports | Issues Paper | Submissions | Press releases | Media and commentary


Overview

Overview

Reporting body
Treasury

Competition Taskforce Division of Markets Group within Treasury (Jason McDonald and Marcus Bezzi (Chief Advisor))

Status
Open

Government in power
Labor (Albanese)

Copyright in report-related material
Commonwealth of Australia

 
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Background and timeline

The Review was announced on 23 August 2023.

The Full Advisory Panel was announced on 30 October 2023.

It will last two years and will involve rolling projects rather than the production of a single report.

Issues papers will be released and there will be public consultations on specific reform topics.

Focus
The Review will look at competition laws, policies and institutions to ensure they remain fit‑for‑purpose for the modern economy, with a focus on reforms that would increase productivity, reduce the cost of living and/or lift wages.”

The accompanying media release stated that initial issues to be considered will include:

  • proposals put forward by the Australian Competition and Consumer Commission around merger reform, as well as other competition law issues

  • options for coordinated reform with states and territories, to be progressed through the Council on Federal Financial Relations

  • non-compete and related clauses that restrict workers from shifting to a better-paying job

  • providing advice on competition issues raised by new technologies, the net zero transformation and growth in the care economy

Competition Taskforce Advisory Panel

The Competition Taskforce will be supported by an expert panel.

View Treasury media release: Appointments to Competition Taskforce Advisory Panel (30 October 2023)

View Competition Review photo’s and profiles of Advisory Panel

The Advisory Panel first met on 30 October 2023.

 

Kerry Schott AO

Kerry Schott was awarded the Order of Australia in 2015 for service to business and commerce in private and public sector finance, and leadership of government infrastructure projects.

BA (first class honours) University of New England
Master of Arts (University of British Columbia)
Doctorate in Economics (Nuffield College, Oxford)

Rod Sims AO

Rod Sims is the former Chair of the ACCC (2011-2022).

He holds a Bachelor of Commerce (Hons (first class)) from the University of Melbourne and a Master of Economics from ANU.

Prior to his appointment as Chair of the ACCC he had worked for the Australian Government, including as the Deputy Secretary in the Department of Prime Minister and Cabinet and Deputy Secretary responsible for Transport in the Department of Transport and Communications. From 1988 to 1990, he was the economic adviser to the then Prime Minister, Bob Hawke.

Danielle Wood

Danielle Wood is Chair of the Productivity Commission (at time of announcement, she was CEO of the Grattan Institute)

“Danielle previously worked in senior roles at the ACCC and at NERA Economic Consulting. She started her career as a graduate at the Productivity Commission.

Danielle holds an Honours degree in Economics from the University of Adelaide and two Masters degrees, one in Economics and one in Competition Law, from the University of Melbourne.”


John Asker

Professor of Economics

Armen A Alchian Chair in Economic Theory
University of California, Los Angeles

View John Asker website

Sharon Henrick

Competition Lawyer

Formerly head of King & Wood Mallesons’ Competition and Regulatory Group.

David Gonski AC

Chancellor of the University of New South Wales, Chairman of Barrenjoey and President of the Art Gallery of NSW Trust.

Previously Chairman of ANZ Banking Group, a member of the Takeovers Panel, and led the Commonwealth’s Review to Achieve Educational Excellence in Australian Schools.

John Fingleton CBE

Economist

Former Chief Executive of the UK’s Office of Fair Trading and previously ran the Irish Competition Authority.

Previously chaired the ICN and has been a member of the OECD Competition Committee.

Terms of reference

 

No Terms of reference have been released. It was announced on 23 August 2023 that there would not be a single report, but rolling projects over a two-year period, with issues papers and public consultations on specific reform topics.

Initial issues to be considered by the review were flagged to include:

  • “proposals put forward by the Australian Competition and Consumer Commission around merger reform, as well as other competition law issues

  • options for coordinated reform with states and territories, to be progressed through the Council on Federal Financial Relations

  • non-compete and related clauses that restrict workers from shifting to a better-paying job

  • providing advice on competition issues raised by new technologies, the net zero transformation and growth in the care economy”

The first focus area of the review was merger reform. The next are:

Official press releases, transcripts and speeches

 

A more dynamic and competitive economy

23 August 2023: Media release announcing the review

Joint media release with
The Hon Andrew Leigh MP
Assistant Minister for Competition, Charities and Treasury
Assistant Minister for Employment

The Albanese Government is undertaking a review of competition policy settings to help build a more dynamic and productive economy.

Greater competition is critical for lifting dynamism, productivity and wages growth, putting downward pressure on prices and delivering more choice for Australians dealing with cost-of-living pressures.

Australia’s productivity growth has slowed over the past decade, and reduced competition has contributed to this – with evidence of increased market concentration, a rise in markups and a reduction in dynamism across many parts of the economy.

We need to ensure our competition policy settings are fit for purpose in the face of the big shifts underway in our economy, so we can make the most of digitalisation, the growth in services, the net zero transformation, while supporting our nation’s most vulnerable.

The review will look at competition laws, policies and institutions to ensure they remain fit for purpose, with a focus on reforms that would increase productivity, reduce the cost of living and boost wages.

A Competition Taskforce has been established in Treasury to conduct the review, which will be progressed over two years and involve targeted public consultation. It will provide continuous advice rather than a formal report, so progress can be made over time.

Initial issues to be considered by the review will include:

  • proposals put forward by the Australian Competition and Consumer Commission around merger reform, as well as other competition law issues

  • options for coordinated reform with states and territories, to be progressed through the Council on Federal Financial Relations

  • non-compete and related clauses that restrict workers from shifting to a better-paying job

  • providing advice on competition issues raised by new technologies, the net zero transformation and growth in the care economy

The Taskforce will be supported by an expert panel with members including the CEO of the Grattan Institute, Danielle Wood, and former Chair of the ACCC, Rod Sims.

The Intergenerational Report, to be released this week, will highlight the critical role of competition for revitalising productivity growth.

The importance of competition for strong labour market outcomes will be further explored in the forthcoming Employment White Paper.

The review builds on the Albanese Government’s existing efforts to boost competition, including through our reforms of the payments system and Australia’s financial market infrastructure.

The Albanese Government is focused on tackling cost of living pressures now and laying the foundations for future growth – and making our economy more competitive is critical to both of these goals.

© Commonwealth of Australia: reproduced under Creative Commons BY Attribution 3.0 Australia licence

Other media releases

The Hon Dr Andrew Leigh MP, ‘New data shows 1 in 5 Australian employers used non‑compete clauses’ (21 February 2024)

Opinion pieces

The Hon Dr Andrew Leigh MP, ‘Chocolate, cartels and competition’ (The Daily Telegraph, 30 January 2024)

The Hon Dr Jim Chalmers MP, Nation's productivity demands fairness in merger process (The Australian, 20 November 2023)

Speeches

The Hon Dr Andrew Leigh MP, ‘Game changer: harnessing microdata for a fairer competition landscape’ (Address to the Chifley Research Centre, Melbourne, 30 January 2024)

Reports

Mergers

Treasury released a report dated 10 April 2024.

The Report proposes a fundamental shift in the test and the process for merger review in Australia. The Government has indicated that a shift to a mandatory and suspensory administrative system for merger review in Australia will commence from 1 January 2026.

Issues Papers

 

Merger Reform Consultation Paper

On 20 November 2023 the Competition Taskforce released a Consultation Paper, seeking public input on a variety of questions relating to Australia’s merger rules and processes.

See Merger Reform consultation page.

Non-compete clauses and other restraints

On 4 April 2024 the Government released an Issues Paper and fact sheet relating to non-competes, no-poach and wage-fixing agreements.

See Non-compete clause home page

See Issues paper on worker non-compete clauses and other restraints

Submissions and consultation

 

Merger reform

Roundtables and individual consultations also took place with interested parties during December 2023 along with a general call for submissions.

The ACCC also released their preliminary and second submission:

Non-compete clauses and other restraints

On 4 April 2024 the Government released an Issues Paper and fact sheet relating to non-competes, no-poach and wage-fixing agreements. Consultation is open until the end of May 2024.

Journal articles, media and commentary

 

Media release

Jim Chalmers MP and Andrew Leigh MP, ‘Appointments to Competition Taskforce Advisory Panel’ (Treasury media release, 30 October 2023)

Jim Chalmers MP and Andrew Leigh MP, ‘A more dynamic and competitive economy’ (Treasury media release, 23 August 2023)

ACCC

ACCC, Evidence backs case for critical merger law reform (Media Release, 2 February 2024)

ACCC, ‘ACCC responds to merger reform proposals (20 December 2023)

Media

Ronald Mizen, ‘Gonski and Schott: Chalmers adds firepower to competition review’ (The Australian Financial Review, 30 October 2023)

Tom Dusevic, ‘Labor hopes to find a competitive edge’ (The Australian (Online), 22 August 2023)

Peter Hannan, ‘Cost-of-living crisis: Albanese government launches taskforce to review competition in bid to ease pressures’ (The Guardian, 23 August 2023)

Sam Matthews, ‘Competition taskforce to consider merger law overhaul’ (Lawyerly, 23 August 2023)

Commentary

Gilbert + Tobin, ‘A case for radical reform? Treasury consults on the future of merger control in Australia’ (24 November 2023)

Herbert Smith Freehills, ‘Treasury Consultation Paper on Merger Reform’ (Insight, 18 December 2023)

Allens >< Linklaters, ‘Australian Treasury commences consultation on possible changes to Australia’s merger clearance rules’ (15 December 2023)

White & Case, ‘Australian Government consults on merger reform’ (7 December 2023)

Michael Corrigan and Alyssa Taylor, ‘Competition policy under review by Albanese Government (Clayton Utz, 23 August 2023)

Interest group responses

National Farmers Federation: Competition review welcome but must deliver outcomes (23 August 2023)

Updated: 30 April 2024