The evolution of the “substantial lessening of competition” test – a review of case law

The “substantial lessening of competition” test has been a feature of Australian competition law for over three decades. The current Commonwealth Government proposes to amend the prohibition on misuse of substantial market power so that it will catch unilateral conduct which has the purpose, effect or likely effect of substantially lessening competition. This article reviews the evolution of the approach of Australian courts and tribunals to the application of the test in the context of its proposed incorporation in the misuse of market power prohibition.

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