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Competition Policy Review (Harper Review)

For the latest news and information on the Harper Review visit my review page or the official Competition Policy Review website. The panel's draft report was released on 22 September 2014.


Latest Competition Law News and Commentary

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22 December 2014 - Coles' unconscionable conduct

The Federal Court has found Coles engaged in unconscionable conduct and ordered Coles to pay $10 million penalties. See ACCC press release.

21 December 2014 - New State of Competition out now

The latest The State of Competitionis out now - the focus is SLC: "... rather than our usual 'year in review', this year we’re finishing up with a reflective piece on just what the substantial lessening of competition test involves. As the slogan says, it’s time for less opinion, more expertise." As always, a must read - especially if you want to find out why John Glenn was 'contemplating competition law while in space'.

19 December 2014 - More Harper submissions available

The fourth batch of Harper Review submissions on the draft report have been published on the Competition Policy Review website.

17 December 2014 - ACCC appeals Air Cargo decision

The ACCC has announced it will appeal the Air Cargo cartel decision; the case failed at first instance because the Court found there was no relevant 'markt in Australia'. See press release. For the judgment see: Australian Competition and Consumer Commission v Air New Zealand Limited [2014] FCA 1157. See also 'ACCC appeals court’s dismissal of cartel case against Air NZ, Garuda; (Business Spectator, 17 December 2014) and my note on this case.

15 December 2014 - ACCC and Coles seek consent orders

The ACCC and Coles have made joint submissions to the Federal Court seeking consent orders from the Court. See ACCC press release. See also Sue Mitchell and Madeleine Heffernan, 'Coles to refund suppliers as it settles cases with ACCC ' (The Age, 15 December 2014)

5 December 2014 - More Harper Submissions published

The third batch of submissions on the Harper Competition Review Draft Report have now been published on the Review website.

5 December 2014 - ACCC authorises RP

The ACCC has granted conditional authorisation for Tooltechnic Systems (Aust) Pty Ltd to set minimum retail prices on Festool power tools until 31 December 2018. View press release. View authorisation register.

4 December 2014 - New cartel action

The ACCC has instituted proceedings against electrical cable suppliers alleging cartel and exclusionary conduct in the supply and acquisition of electrical cable. See ACCC press release.

28 November 2014 - More Harper media

Some more items of interest in the last couple of days: John Durie, 'Brickbats for Brickworks' (The Australian, 27 November 2014) (scroll down to 'Harper’s way' section), 'Farmers Back Government Draft Report' (The Cattle Site, 24 November 2014), Julie Edwards, 'Harper Review's new world of public service for profit' (Eureka Street, 27 November 2014)

26 November 2014 - ACCC proposes to allow WATAB collective bargaining authorisation

The ACCC proposes to grant a ten year authorisation for the WATAB Agents' Association Incorporated to collectively negotiate terms and conditions of service behalf of members with Racing and Wagering Western Australia and to participate in dispute resolution processes between RWWA and agents. See ACCC proposes to authorise W.A.T.A.B Agents’ to engage in collective bargaining & dispute resolution (ACCC Update, 29 November 2014) . See authorisation register.



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Hot topics

Competition Policy Review (Harper)

Harper Review

Read moreThe first major review of competition policy in Australia in 20 years is underway with a draft report released on 22 September.


New cartel immunity and cooperation policy

Handshake image

Read moreOn 10 Sept 2014 the ACCC released a new Immunity and Cooperation Policy for Cartel Conduct.

ACCC takes on Informed Sources

Image of petrol pump

Read moreThe ACCC has instituted proceedings against Informed Sources and several petrol retailers alleging contravention of s 45.


Misuse of market power

Image of market power

Read moreAlways topical, the issue of misuse of market power is set to feature prominently in the Harper Review.

First Tribunal merger authorisation

Merger authorisation

Read moreIn June the Australian Competition Tribunal granted its first direct merger authorisation to AGL.


TPA celebrates 40 years

TPA cover

Read moreOn 1 October 2014 the Trade Practices Act 1974 (now named the Competition and Consumer Act 2010) celebrated 40 years.


Images copyright: Images in the Hot Topic section of this page sourced from FreeDigitalPhotos.net. They include carts courtesy of Salvatore Vuono; male runner on starting blocks courtesy of stockimages; power transmission tower and gas pump filling nozzles courtesy of Rawich; handshaking courtesy of Photokanok; business man and stock graph report courtesy of watcharakun. Cricket bat image from Open Clipart.