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Competition Law Legislation

 

Australia

Principal Act - current

Image of documentsCompetition and Consumer Act 2010 (consolidated and annotated) (current)
Previously named the Trade Practices Act 2010 - the name of the Act was changed on 1 January 2011. This change of name does not impact on the substance or numbering of the competition law provisions of the Act.

Many of the core provisions have been annotated with more annotations being added on a regular basis.

Competition and Consumer Regulations 2010 (current)

 

Principal Act - historical

Amendment Bills currently before Parliament

Competition and Consumer (Misuse of Market Power) Bill 2014
Private member's bill - Senator Xenophon - proposal to allow for divestiture following s 46 breach

Amendment legislation and related legislation

external link = external link

external linkCompetition and Consumer Amendment Act 2013 (No 104 of 2013)
No competition amendments - amends s 48 of Schedule 2 (Australian Consumer Law)

external linkStatute Law Revision Act 2013 (No 103 of 2013)
Minor amendments only

external linkFederal Circuit Court of Australia (Consequential Amendments) Act 2013 (Act 13 of 2013)
In April 2013 the Federal Magistrates Court was re-named the Federal Circuit Court. This Act replaces references to Federal Magistrate's Court with Federal Circuit Court.

external linkAustralian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (Act 169 of 2012)
Added definition to s 4 and minor amendments to s 45B, 47(11), 151BC and Schedule 1

Statute Law Revision Act 2012 (Act 136 of 2012)

external linkConsumer Credit Legislation Amendment (Enhancements) Act 2012 (Act 130 of 2012)
Not relevant to the competition provisions

external linkTelecommunications Legislation Amendment (Universal Service Reform) Act 2012 (Act 44 of 2012)
After para 155AAA(12)(k) inserted: "(ka) the Telecommunications Universal Service Management Agency;"

Competition and Consumer Amendment Act (No 1) 2011 (Act 185 of 2011)
Introduces price signalling laws (to commence 6 June 2012)

Competition and Consumer Legislation Amendment Act 2011 (Act 184 of 2011)
Provides for amendments to the definition of market for purposes of mergers - passed both Houses
(previously introduced as the CCLA Bill 2010)

external linkAustralian Energy Market Amendment (National Energy Retail Law) Act 2011 (No 119 of 2011)

external linkActs Interpretation Amendment Act 2011 (Act 46 of 2011) (at AustLII)
Amendment to definition of 'document' in s 4.

Telecommunications Legislation Amendment (National Broadband Network Measures - Access Arrangements) Act 2011 (Act 23 of 2011)
Government bill. Introduced 25 November 2010. Assent on 12 April 2011

external linkStatute Law Revision Act 2011 (Act 5 of 2011) (at AustLII)

external linkFinancial Framework Legislation Amendment Act 2010 (Act 148 of 2010) (at AustLII)

Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 (Act 140 of 2010)
Will amend parts XIB and XIC of the Act.

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act 103 of 2010)
Renamed the Act the 'Competition and Consumer Act 2010'

Trade Practices Amendment (Infrastructure Access) Act 2010 (Act 102 of 2010)
Makes changes to administrative processes

external link Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (Act 44 of 2010) (at AustLII)

external link Statute Law Revision Act 2010 (Act 8 of 2010) (at AustLII)
Replaces refrences to "Internet site" in ss 152ELB and 152ELC with "website"

external link Crimes Legislation Amendment (Serious and Organised Crime) Act (No 2) 2010 (Act 4 of 2010) (at AustLII)
(removes references to the Crimes Act 1914 and replaces them with references to the Criminal Code)

Statute Stocktake (Regulatory and Other Laws) Act 2009 (Act 111 of 2009)
Repealed Part VB and related amendments

Federal Court of Australia Amendment (Criminal Proceedings) Act 2009 (Act 106 of 2009)
Provides criminal jurisdiction for the Federal Court of Australia, necessary for enforcement of the criminal cartel provision.
Note: this Act amends the Federal Court of Australia Act; it does not amend the TPA/CCA

Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Act 59 of 2009)
The Act re-defines cartel conduct and provide for criminal penalties for such conduct.

Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (Act 54 of 2009)

Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 (Act 17 of 2009)

Water Amendment Act 2008 (Act 139 of 2008)

Trade Practices Amendment (Clarity in Pricing) Act 2008 (Act 126 of 2008)

Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (Act 117 of 2008)

Trade Practices Legislation Amendment Act 2008 (Act 116 of 2008)
Predatory Pricing and other section 46 amendments and s 155 amendment.

Australian Energy Market Amendment (Minor Amendments) Act 2008 (Act 60 of 2008)

Trade Practices Amendment (Access Declarations) Act 2008 (Act 7 of 2008)
Telecommunications access - declarations are not legislative instruments and provision made for compensation where property acquired

Trade Practices Legislation Amendment Act 2007 (Act 159 of 2007) (Birdsville Amendment)
Section 46 - minor amendments and the predatory pricing addition

Water (Consequential Amendments) Act 2007 (Act 138 of 2007)

Corporations (NZ Closer Economic Relations) and Other Legislation Amendment Act 2007 (Act 85 of 2007)

Broadcasting Legislation Amendment (Digital Radio) Act 2007 (Act 68 of 2007)

Australian Energy Market Amendment (Gas Legislation) Act 2007 (Act 45 of 2007)

Trade Practices Legislation Amendment Act (No 1) 2006 (Act 131 of 2006)
First set of Dawson Reforms, including increased civil penalties and major changes to merger procedures

Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 (Act 109 of 2006)

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 (Act 101 of 2006)

Trade Practices Amendment (National Access Regime) Act 2006 (Act 92 of 2006)

Energy Legislation Amendment Act 2006 (Act 60 of 2006)

Jurisdition of the Federal Magistrates Court Legislation Amendment Act 2006 (Act 23 of 2006)

Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 (Act 17 of 2006)

Trade Practices Amendment (Personal Injuries and Death) Act 2006 (Act 11 of 2006)

Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 (Act 119 of 2005)

Austrlaian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (Act 45 of 2005)

Treasury Legislation Amendment (Professional Standards) Act 2004 (Act 118 of 2004)

Trade Practices Amendment (Personal Injuries and Death) Act (No 2) 2004 (Act 113 of 2004)

Trade Practices Amendment (Australian Energy Market) Act 2004 (Act 108 of 2004)

Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (Act 103 of 2004)

Postal Services Legislation Amendment Act 2004 (Act 69 of 2004)

Trade Practices Legislation Amendment Act 2003 (Act 134 of 2003)

Industry, Tourism and Resources Legislation Amendment Act 2003 (Act 21 of 2003)

Maritime Legislation Amendment Act 2003 (Act 7 of 2003)

Trade Practices Amendment (Liability for Recreational Services) Act 2002 (Act 146 of 2002)

Telecommunications Competition Act 2002 (Act 140 of 2002)

Trade Practices Amendment Act (No 1) 2002 (Act 128 of 2002)

Statute Law Revision Act 2002 (Act 63 of 2002)

Treasury Legislaiton Amendment (Application of Criminal Code) Act (No 2) 2001 (Act 146 of 2001)

Trade Practices Amendment (Telecommunications) Act 2001 (Act 124 of 2001)

Financial Services Reform (Consequential Provisions) Act 2001 (Act 123 of 2001)

Treasury Legislaiton Amendment (Application of Criminal Code) Act (No 3) 2001 (Act 117 of 2001)

Trade Practices Amendment Act (No 1) 2001 (Act 63 of 2001)
(as amended by Statute Law Revision Act 2002 (Act 63 of 2002))

Corporations (Repeals, Consequentials and Transitionals) Act 2001 (Act 55 of 2001)

Communicaitons and the Arts Legislation Amendment Act 2001 (Act 46 of 2001)

Treasury Legislation Amendment (Application of Criminal Code) Act (No 1) 2001 (Act 31 of 2001)
(as amended by Statute Law Revision Act 2002)

Jurisdiction of Courts (Miscellaneous Amendments) Act 2000 (Act 161 of 2000)

Trade Practices Amendment (International Liner Cargo Shipping) Act 2000 (Act 123 of 2000)

A New Tax System (Trade Practices Amendment) Act 2000 (Act 69 of 2000)

Jurisdiction of Courts Legislation Amendment Act 2000 (Act 57 of 2000)

Federal Magistrates (Consequential Amendments) Act 1999 (Act 194 of 1999)

A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 (Act 176 of 1999)

Public Employment (Consequential and Transitional) Amendment Act 1999 (Act 176 of 1999)

A New Tax System (Trade Practices Amendment) Act 1999 (Act 61 of 1999)
Inserted Part VB Price exploitation in relation to A New Tax System and made consequential amendments

Telecommunications Legislation Amendment Act 1999 (Act 52 of 1999)

Trade Practices Amendment (Country of Origin Representations) Act 1998 (Act 106 of 1998)

Gas Pipelines Access (Commonwealth) Act 1998 (Act 101 of 1998)

Financial Sector Reform (Consequential Amendments) Act 1998 (Act 48 of 1998)

Trade Practices Amendment (Fair Trading) Act 1998) (Act 36 of 1998)

Telecommunications Legislation Amendment Act 1997 (Act 200 of 1997)

Audit (Transitional and Miscellaneous) Amendment Act 1997 (Act 152 of 1997)

Trade Practices Amendment (Telecommunications) Act 1997 (Act 58 of 1997)
Inserts Part XIB, setting up a special regime for regulating anti-competitive conduct in the telecommunications industry

Trade Practices Amendment (Industry Access Codes) Act 1997 (Act 28 of 1997)

Workplace Relations and other Legislation Amendment Act 1996 (Act 60 of 1996)
(as amended by Workplace Relations and Other Legislation Amendment Act (No 2) 1996 (Act 77 of 1996))

Statute Law Revision Act 1986 (Act 43 of 1996)

Competition Policy Reform Act 1995 (Act 88 of 1995)
National Competition Policy, Access, Services etc. Response to Hilmer Report

Competition Policy Reform (New South Wales) Act 1995 (NSW)

Law and Justice legislation Amendment Act (No 2) 1994 (Act 141 of 1994)

Insurance Laws Amendment Act (No 2) 1994 (Act 49 of 1994)

Industrial Relations Reform Act 1993 (Act 98 of 1993)

Trade Practices Legislation Amendment Act 1992 (Act 222 of 1992)
Response to Cooney Report. Changes to merger (revert to SLC test, provide criteria in s 50(3) and for international considerations in authorisation applications), misuse of market power provisions and increased pecuniary penalties.

Trade Practices Amendment Act 1992 (Act 106 of 1992)

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Act 105 of 1992)

Territories Law Reform Act 1992 (Act 104 of 1992)

Law and Justice Legislation Amendment Act 1992 (Act 22 of 1992)

Special Broadcasting Service Act 1991 (Act 180 of 1991)

Transport and Communications Legislation Amendment Act 1991 (Act 173 of 1991)

Law and Justice Legislation Amendment Act 1991 (Act 136 of 1991)

Industrial Relations Legislation Amendment Act 1991 (Act 122 of 1991)

Trade Practices Amendment Act 1991 (Act 49 of 1991)

Trade Practices (Misuse of Trans-Tasman Market Power) Act 1990 (Act 70 of 1990)

Law and Justice Legislation Amendment Act 1990 (Act 11 of 1990)

Trade Practices (International Liner Cargo Shipping) Amendment Act 1989 (Act 34 of 1989)

Circuit Layouts Act 1989 (Act 28 of 1989)

Industrial Relations (Consequential Provisions) Act 1988 (Act 87 of 1988)
(as amended by Industrial Relations Legislation Amendment Act (No 2) 1990)

Trade Practices Amendment Act 1988 (Act 20 of 1988)

Family Court of Australia (Additional Jurisdiction and Exercise of Powers Act 1988) (Act 8 of 1988)
(as amended by Law and Justicie Legislation Amendment Act 1988 (Act 120 of 1988))

Statute Law (Miscellaneous Provisions) Act 1987 (Act 141 of 1987)

Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 (Act 23 of 1987)

Statute Law (Miscellaneous Provisions) Act (No 2) 1986 (Act 168 of 1986)

Trade Practices Revision Act 1986 (Act 17 of 1986)
Misuse of market power and various other amendments

Trade Practices (Transfer of Market Dominance) Amendment Act 1986 (Act 8 of 1986)
Mergers

Statute Law (Miscellaneous provisions) Act (No 1) 1985 (Act 65 of 1985)

Statute Law (Miscellaneous Provisions) Act (No 2) 1984 (Act 165 of 1984)
(as amended by Trade Practices Revision Act 1986 (Act 17 of 1986))

Remuneration and Allowances Amendment Act 1984 (Act 73 of 1984)

Public Service Reform Act 1984 (Act 63 of 1984)

Statute Law (Miscellaneous Provisions) Act 1983 (Act 39 of 1983)
Injunctions

Statute Law (Miscellaneous Amendments) Act (No 2) 1982 (Act 80 of 1982)

Statute Law (Miscellaneous Amendments) Act 1981 (Act 176 of 1981)

Statute Law Revision Act 1981 (Act 61 of 1981)

Trade Practices (Boycotts) Amendment Act 1980 (Act 73 of 1980)
Secondary boycotts

Trade Practices Amendment Act (No 2) 1978 (Act 207 of 1978)
Secondary boycotts, no duplication of pecuniary penalties

Trade Practices Amendment Act 1978 (Act 206 of 1978)
Price fixing (joint ventures), Exclusive dealing (related corporations), Authorisation and notification

Trade Practices Amendment Act (No 2) 1977 (Act 151 of 1977)

Remuneration and Allowances Amendment Act 1977 (Act 111 of 1977)

Trade Practices Amendment Act 1977 (Act 81 of 1977)

Federal Court of Australia (Consequential Provisions) Act 1976 (Act 157 of 1976)

Trade Practices Amendment Act 1976 (Act 88 of 1976)

Trade Practices Act 1975 (Act 63 of 1975)

Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 (Act 56 of 1975)

Please note that further links and details are only provided for those amendments most relevant to the competition law provisions of the Act. For a full list of amending legislation visit ComLaw.

Bills not passed or lapsed

external linkCompetition and Consumer Amendment (Strengthening Rules About Misuse of Power) Bill 2013
Private Member's bill introduced on 17 June 2013 by Rob Oakeshott MP.
Lapsed at dissolution of Parliament: 5 August 2013

external linkSupermarket Dominance Bill 2013
Private Member's bill introduced on 17 June 2013 by Bob Katter MP and supported by Nick Xenophon MP and Andrew Wilkie MP.
Lapsed at dissolution of Parliament: 5 August 2013

Competition and Consumer (Price Signalling) Amendment Bill 2010 (will not be debated - Government bill passed 24 November 2011)
Private Member's Bill - price signalling laws - first reading on 22 November 2010
Referred to House of Representatives Committee

Competition and Consumer Legislation Amendment Bill 2010 (lapsed - re-introduced on 15 June 2011 as the CCLA Bill 2011)
Provides for amendments to the definition of market for purposes of mergers

Trade Practices Amendment (Material Lessening of Competition - Richmond Amendment) Bill 2009 (not proceeding/lapsed)
Private members bill. Provided for two changes to the merger laws designed to lower the merger threshold and prohibit 'creeping acquisitions'

Trade Practices Amendment (Guaranteed Lowest Prices - Blacktown Amendment) Bill 2009 (not proceeding/lapsed)
Private members bill. Proposed prohibition of geographic price discrimination for big business.

Trade Practices (Creeping Acquisitions) Amendment Bill 2007 (lapsed)
Private members bill. Provided for changes to allow consideration of a series of mergers in assessing anti-competitive effect.

More forthcoming

 

International

Europe

United States

US Code – Title 15 (Commerce and Trade) - Chapter 1 (Monopolies and Combinations in Restraint of Trade)
Incorporating (amongst others) the Sherman Act (sections 1-7), the Clayton Act (sections 12-27 and 52-53), the Federal Trade Commission Act (sections 41-58), the Robinson-Patman Act (section 13) and the Hart-Scott-Rodino Antitrust Improvements Act (section 18a).

Other