Articles on competition law

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Answering what is considered a substantial lessening of competition is not easy. Image sourced from

Changes to competition laws may hurt consumers

A recent legal case illustrates why the government has made a mistake in changing its market misuse law.
If a state-owned port is sold at a higher price with competition restrictions, consumers will pay higher prices in the future because of these restrictions. AAP/Martin Philbey

Selling ports and other assets: why anti-competitive deals to boost prices cost the public in the end

State governments are now seeking to maximise the price of privatised assets by adding sale terms that restrict competition for the future private owners. That amounts to a hidden tax on consumers.
Big can be beautiful for Australia’s retail giants. Image sourced from

Supermarket monsters can be agents of change

Some say the only way to smash the Coles/Woolworths duopoly is more regulation and a consumer backlash, but this assumes all power is used for evil.
Coles has admitted it acted unconscionably towards suppliers, and a new code of conduct may not be enough to clean up the industry. Julian Smith/AAP

Too big to care: will Coles and Woolies lift their game in 2015?

Coles and Woolworths spent much of 2014 defending their behaviour in court. The Australian Competition and Consumer Commission (ACCC) brought several actions against one or both of them throughout the…
When big business misuses its market power, proving it can prove a challenge. Riccardo Cuppini/Flickr

Big business, market power and why we need more test cases

In advocating greater competition, less regulation and reduced red tape, the Harper Committee’s 300 page draft review of competition policy largely colours between the lines of its extremely broad terms…
Professor Ian Harper, chair of the competition review, has surprised some with the review panel’s recommendations. Julian Smith/AAP

Harper competition review seeks widespread change: experts react

Restrictions on retail trading hours, taxis, pharmacies and parallel imports should be lifted according to a far-reaching draft report by the Competition Policy Review. Professor Ian Harper’s new report…

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