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The Australian Senate passes a bill introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010

The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was passed by both houses of parliament on 15 August 2017, introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010. The changes to section 46 are significant, particularly in requiring scrutiny of the effects or likely effects of market behaviour in assessing breach. There will, undoubtedly, be a period of uncertainty as both the ACCC and the courts consider how the amended law will apply to unilateral conduct. In preparation for the changes, businesses with large market shares or influence within their respective markets will need to consider the competition consequences of their strategies by reference to the new and untested prohibition. MISUSE OF MARKET

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  • Herbert Smith Freehills (Sydney)

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Patrick Gay, The Australian Senate passes a bill introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010, 15 August 2017, e-Competitions August 2018, Art. N° 93671

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