Chapter 1 - Introduction

[1]        Explanatory Memorandum, p. 3.

[2]        Explanatory Memorandum, p. 6.

[3]        Explanatory Memorandum, p. 7.

[4]        Explanatory Memorandum, p. 10.

[5]        Explanatory Memorandum, p. 13.

[6]        Explanatory Memorandum, p. 9.

[7]        Explanatory Memorandum, p. 3.

[8]        Explanatory Memorandum, pp. 3–4.

[9]        Competition Policy Review, Final Report, March 2015, p. 337.

[10]      Explanatory Memorandum, p. 5.

[11]      Explanatory Memorandum, p. 5; Competition Policy Review, Final Report, March 2015, p. 335.

[12]      Competition Policy Review, Final Report, March 2015, p. 340.

[13]      Competition Policy Review, Final Report, March 2015, p. 347.

[14]      Competition Policy Review, Final Report, March 2015, p. 338.

[15]      Explanatory Memorandum, p. 6. For the full detail of the Harper Review's recommendation, see Competition Policy Review, Final Report, March 2015, p. 348.

[16]      Competition Policy Review, Final Report, March 2015, p. 348.

[17]      Explanatory Memorandum, pp. 10–11.

[18]      Australian Government Response to the Competition Policy Review, p. 25.

[19]      The Hon Scott Morrison MP, Treasurer of the Commonwealth of Australia, 'Release of section 46 discussion paper', Media Release, 11 December 2015.

[20]      Extensive consultation with stakeholders following the release of the Harper Review's final report revealed a concern that the reference to substantially lessening competition in 'any market', as recommended by the review, made section 46 excessively broad in scope. To address this issue, the scope of section 46 is limited in the bill to those markets in which a corporation's conduct is most likely to have a purpose, effect or likely effect of competition concern.

[21]      The Hon Malcolm Turnbull MP, Prime Minister, the Hon  Scott Morrison MP, Treasurer, and the Hon Kelly O'Dwyer MP, Assistant Treasurer, 'Fixing competition policy to drive economic growth and jobs', Media Release, 16 March 2016.

[22]      The Hon Kelly O'Dwyer MP, Minister for Revenue and Financial Services, House of Representatives Hansard, 1 December 2016, p. 17.

Chapter 2 - Views on the bill

[1]        See, for example, Dr Julie Clarke, Submission 7, p. 2; Master Grocers Australia, Submission 13, p. 4.

[2]        Optus, Submission 2, p. 2.

[3]        Master Grocers Australia, Submission 13, p. 3.

[4]        Master Grocers Australia, Submission 13, p. 3.

[5]        Dr Julie Clarke, Submission 7, p. 1. See also Institute of Public Accountants, Submission 12, p. 6.

[6]        National Farmers' Federation, Submission 3, p. 1.

[7]        Australian Small Business and Family Enterprise Ombudsman, Submission 18, p. 1.

[8]        Australian Small Business and Family Enterprise Ombudsman, Submission 18, p. 1.

[9]        Australian Chamber of Commerce and Industry, Submission 25, p. 3. See also Master Grocers Australia, Submission 13, p. 7.

[10]      Institute of Public Accountants, Submission 12, p. 3. See also Dr Julie Clarke, Submission 7, p. 3.

[11]      See Competition Policy Review, Final Report, March 2015, p. 337.

[12]      See Competition Policy Review, Final Report, March 2015, p. 347.

[13]      Dr Julie Clarke, Submission 7, p. 3. See also Institute of Public Accountants, Submission 12, p. 3.

[14]      Australian Competition and Consumer Commission, Submission 26, p. 2.

[15]      Australian Competition and Consumer Commission, Submission 26, p. 2.

[16]      See Institute of Public Accountants, Submission 12, p. 3.

[17]      Institute of Public Accountants, Submission 12, p. 4. See also Australian Competition and Consumer Commission, Submission 26, p. 4.

[18]      Australian Hotels Association, Submission 9, p. 1.

[19]      Master Grocers Australia, Submission 13, p. 5.

[20]      See, for example, Australian Competition and Consumer Commission, Submission 26, p. 2; Dr Julie Clarke, Submission 7, p. 3; Institute of Public Accountants, Submission 12, p. 3.

[21]      Australian Competition and Consumer Commission, Submission 26, p. 2.

[22]      Australian Competition and Consumer Commission, Submission 26, p. 2.

[23]      Optus, Submission 2, p. 2. See also Australian Chamber of Commerce and Industry,Submission 25, p. 3.

[24]      Woolworths Limited, Submission 19, p. 2.

[25]      Arnold Bloch Leibler, Submission 24, p. 4.

[26]      Retail Council, Submission 5, p. 2. See also Housing Industry Association Limited, Submission 14, p. 3; BlueScope, Submission 17, p. 3.

[27]      Insurance Council of Australia, Submission 11, p. 1. See also Business Council of Australia, Submission 27, p. 2; Woolworths Limited, Submission 19, p. 1.

[28]      Retail Council, Submission 5, p. 2.

[29]      Business Council of Australia, Submission 27, p. 3.

[30]      Telstra, Submission 10, p. 2. See also Arnold Bloch Leibler, Submission 24, p. 2.

[31]      BlueScope Steel Limited, Submission 17, p. 3.

[32]      MinterEllison, Submission 15, p. 1.

[33]      Business Council of Australia, Submission 27, p. 5.

[34]      The ACCC's draft Framework for misuse of market power guidelines was released for consultation on 5 September 2016, concurrent with the release of the exposure draft legislation. The feedback from this consultation will inform the development of the ACCC's final guidelines. In line with the Harper Review's recommendation, the guidelines intend to outline the ACCC's approach to the proposed section 46. Also, as noted in the framework, 'the purpose of the guidelines will be to provide clarity of the types of conduct and circumstances that may cause the ACCC concern under the proposed s46, and importantly, the types of conduct that and circumstances that will not cause the ACCC concern', p. 2.

[35]      See, for example, Woolworths Limited, Submission 19, p.3; Insurance Council of Australia, Submission 11, pp. 2–3; Housing Industry Association, Submission 14, p. 4.

[36]      MinterEllison, Submission 15, p. 4.

[37]      Retail Council, Submission 5, p. 2.

[38]      Telstra, Submission 10, p. 2.

[39]      Explanatory Memorandum, pp. 10–11.

[40]      Institute of Public Accountants, Submission 12, p. 6.

[41]      Dr Julie Clarke, Submission 7, p. 5.

[42]      See, for example, Master Grocers Australia, Submission 13, p. 9; Australian Bankers' Association, Submission 22, p. 3; Australian Competition and Consumer Commission, Submission 26, p. 5.

[43]      Business Council of Australia, Submission 27, p. 6.

[44]      Australian Lottery and Newsagents' Association, Submission 29, p. 2. See also Mr Hank Spier, Submission 28, p. 2.

[45]      Queensland Law Society, Submission 31, p. 1.

[46]      Australian Competition and Consumer Commission, Submission 26, p. 5.

[47]      Australian Bankers' Association, Submission 22, p. 3. See also Arnold Bloch Leibler, Submission 24, p. 6.

[48]      See, for example, Woolworths Limited, Submission 19, p. 2.

[49]      Arnold Bloch Leibler, Submission 24, p. 3.

[50]      BlueScope Steel Limited, Submission 17, p. 3.

[51]      Australian Competition and Consumer Commission, Submission 26, p. 4.

[52]      See, for example, Dr Julie Clarke, Submission 7, p. 6; Institute of Public Accountants, Submission 12, p. 6; Master Grocers Australia, Submission 13, p. 6.

[53]      Australian Competition and Consumer Commission, Submission 26, p. 3. See also Dr Julie Clarke, Submission 7, p. 4; Institute of Public Accountants, Submission 12, p. 6.

[54]      Optus, Submission 2, p. 3.

[55]      Australian Small Business and Family Enterprise Ombudsman, Submission 18, p. 2.

[56]      Australian Dairy Farmers, Submission 6, p. 2.

[57]      Dr Julie Clarke, Submission 7, p. 6.

[58]      Dr Julie Clarke, Submission 7, p. 5.

[59]      Explanatory Memorandum, p. 12.

[60]      Housing Industry Association, Submission 14, p. 3.

[61]      See, for example, Dr Julie Clarke, Submission 7, p. 7; Master Grocers Australia, Submission 13, pp. 8–9.

[62]      Institute of Public Accountants, Submission 12, pp. 6–7.

[63]      Law Council of Australia, Submission 20, p. 2.

[64]      Australian Dairy Farmers, Submission 6, p. 3; Queensland Dairyfarmers' Organisation, Submission 16, p. 2.

[65]      Australian Dairy Farmers, Submission 6, p. 3.

[66]      Explanatory Memorandum, pp. 3–4.

[67]      Australian Bankers' Association, Submission 22, p. 1.

[68]      See, for example, Waste Buying Group, Submission 1, p. 1; Australian Chamber of Commerce and Industry, Submission 25, p. 4.

[69]      Waste Buying Group, Submission 1, p. 1.

[70]      Telstra, Submission 10, p. 3.

[71]      Telstra, Submission 10, p. 5.

[72]      Optus, Submission 2, p. 2. For the full telecommunications-specific provisions, see Trade Practices Amendment (Telecommunications) Act 1997.

[73]      Vodafone Hutchison Australia, Submission 34, p. 2.

[74]      Vodafone Hutchison Australia, Submission 34, p. 3.

[75]      Vodafone Hutchison Australia, Submission 34, p. 4.

[76]      The ACCC commenced a market study of the communications sector in September 2016.  The study will examine existing or emerging competition and consumer issues in the sector and has an indicative final reporting date of November 2017.

[77]      Vodafone Hutchison Australia, Submission 34, p. 1.

[78]      Competitive Carriers' Coalition, Submission 32, p. 2.

[79]      Macquarie Telecom Group, Submission 33, p. 1.

[80]      Woolworths Limited, Submission 19, p. 4.

[81]      Business Council of Australia, Submission 27, p. 8.

Additional Comments by Nick Xenophon - Competition law at the crossroads: Let's get it right

[1]        Competition Policy Review Draft Report, Commonwealth of Australia, September 2014.