The Issues Paper asks specific questions throughout and conveniently lists them all at the end of the paper.

1. Competition Policy

What should be the priorities for a competition policy reform agenda to ensure that efficient businesses, large or small, can compete effectively and drive growth in productivity and living standards?

2. Regulatory impediments to competition

Are there unwarranted regulatory impediments to competition in any sector in Australia that should be removed or altered?

Are there import restrictions, bans, tariffs or similar measures that, on balance, are adversely affecting Australians?

Is there a case to regulate international price discrimination? If so, how could it be regulated effectively while not limiting choice for consumers or introducing other adverse consequences?

Should any current restrictions on parallel importation be removed or altered in order to increase competition?

Are there regulations governing the sale of goods for health and safety or environmental reasons whose purpose could be achieved in a manner more conducive to competition?

Are there any restrictions on the export of goods from Australia which should be removed or altered in order to increase competition for exporters and producers, and choice for consumers?

Are there occupational-based restrictions, or restrictions on when and how services can be provided, that have an unduly adverse impact on competition? Can the objectives of these restrictions be achieved in a manner more conducive to competition?

Are there restrictions arising from IP laws that have an unduly adverse impact on competition? Can the objectives of these IP laws be achieved in a manner more conducive to competition?

Are there planning, zoning or other land development regulatory restrictions that exert an adverse impact on competition? Can the objectives of these restrictions be achieved in a manner more conducive to competition?

3. Government-provided goods and services and competitive neutrality

Are government-provided goods and services delivered in a manner conducive to competition, while meeting other policy objectives?

Is there a need for further competition-related reform in infrastructure sectors with a history of heavy government involvement (such as the water, energy and transport sectors)?

What are the competition policy reform priorities in sectors such as utilities, transport and telecommunications?

Does competitive neutrality policy function effectively, and does it apply to the appropriate government business activities?

Has the method of implementing competitive neutrality principles improved competition and productivity?

What are the disadvantages that private businesses face when competing with government business activities?

Could the mechanism for dealing with competitive neutrality complaints be improved?

4. Potential reforms in other sectors

Would there be a net public benefit in encouraging greater competition and choice in sectors with substantial government participation (including education, health and disability care and support)?

Can more competitive outcomes in the human services sector enhance both Australia’s productivity and the quality of human services delivered to Australian citizens?

Will more competition among providers serve the interests of consumers of health, education and other services?

What issues arise when government agencies, private businesses and not-for-profit organisations simultaneously seek to provide human services?

Can competition be increased in other markets currently served by government-operated providers?

Is current policy conducive to competition with government-operated services?

5. Competition laws

Are the current competition laws working effectively to promote competitive markets, given increasing globalisation, changing market and social structures, and technological change?

Given structural changes in the economy over time, do the definitions of ‘market’ in the CCA operate effectively, and do they work to further the objectives of the CCA?

Given structural changes in the economy over time, how should misuse of market power be dealt with under the CCA?

Are existing unfair and unconscionable conduct provisions working effectively to support small and medium sized business participation in markets?

Are there other measures that would support small and medium sized business participation in markets?

Should the recommendations in the Productivity Commission’s report on the National Access Regime be adopted? Are there other changes that could be made to improve competition in the relevant markets?

Do the provisions of the CCA on cartels, horizontal agreements and primary boycotts operate effectively and do they work to further the objectives of the CCA?

Should the price signalling provisions of the CCA be retained, repealed, amended or extended to cover other sectors?

Do the joint venture provisions of the CCA operate effectively, and do they work to further the objectives of the CCA?

Do the provisions of the CCA on third line forcing operate effectively and do they work to further the objectives of the CCA?

Do the provisions of the CCA on resale price maintenance operate effectively, and do they work to further the objectives of the CCA?

Do the provisions of the CCA on secondary boycotts operate effectively, and do they work to further the objectives of the CCA?

Do the mergers provisions of the CCA operate effectively, and are they being applied effectively by regulators and the courts?

Do the statutory exemptions, exceptions and defences, including liner shipping, operate effectively, and do they work to further the objectives of the CCA?

Do the authorisation and notification provisions of the CCA operate effectively, and do they work to further the objectives of the CCA?

How accessible is the collective bargaining process for small businesses, and can they can use it without requiring substantial legal assistance or advice?

Is the code framework leading to a better marketplace, having regard both to the aims of the rules and the regulatory burden they could create?

What has been the experience of businesses in the use and implementation of codes of conduct?

Are the enforcement powers, penalties and remedies, including for private enforcement, effective in furthering the objectives of the CCA?

The Panel is interested in whether there are other remedies or powers (for example, in overseas jurisdictions) that should be considered in the Australian context.

What are the experiences of small businesses in dealing with the ACCC?

Are there any factors that make it difficult for small businesses to enforce their rights or otherwise take action in relation to competition issues?

Are there issues in key markets that raise competition concerns not addressed by existing anti-competitive conduct laws? If so, in which ways might they be addressed through competition-related policies?

6. Administration of Competition Policy

Are competition-related institutions functioning effectively and promoting efficient outcomes for consumers and the maximum scope for industry participation?

What institutional arrangements would best support a self-sustaining process for continual competition policy reform and review?

Was the Council of Australian Governments competition agenda, with reform payments overseen by the National Competition Council, effective?

What is the experience of businesses in dealing with the ACCC, the Australian Competition Tribunal and other Federal regulatory bodies?

What is the experience of businesses in dealing with state and territory regulators?