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Competition Law Reading Room

Roots, branches and other objects – one step beyond the Harper Review?

I S Wylie
(2014) 42(6) Australian Business Law Review 436



The Harper Review Panel is currently finalising its “root and branch” review of the Competition and Consumer Act 2010 (Cth), having made a series of draft recommendations for significant changes to its competition provisions. It has not explicitly revisited the object of the Act as specified in s 2, although its Terms of Reference and Draft Report contain various statements as to the objects and purposes of the Act’s competition provisions. Given the wideranging nature of the Harper Review and the Panel’s related proposals for reform, and tensions between some objects and some provisions, this article advocates the need to revisit the primary objects clause in the Act and specify the object(s) of its competition provisions with greater clarity to facilitate their effective future operation.