Hawker Report 2001
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Competing Interests: is there balance?
Review of the Australian Competition and Consumer Commission Annual Report 1999-2000
House of Representatives Standing Committee on Economic Finance and Public Administration, 2001
Terms of reference
Under House of Representatives Standing Order 324 (b), the Standing Committee on Economics, Finance and Public Administration is empowered to inquire into and report on any matter referred to it by either the House or a Minister, including any pre-legislation proposal, bill, motion, petition, vote on expenditure, other financial matter, report or paper.
Annual reports of government departments and authorities tabled in the House stand referred to the relevant committee for any inquiry the committee may wish to make. Reports stand referred to committees in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee.
The annual report of the Australian Competition and Consumer Commission for 1999-2000 was tabled in the House of Representatives on 31 October 2000. On 1 March 2001, the committee agreed to carry out a review of that annual report.
Press releases
ACCC Under the Microscope
Press Release 24 September 2001
Has Fels gone too far?
Press Release 22 June 2001
House Economics Committee to quiz ACCC
27 March 2001
Report chapters
Chapter 1 - Introduction
Background
Ongoing concerns with the ACCC's role
Continuing the watch on the watchdog: The review
Structure of the report
Chapter 2 - ACCC’s role in preventing anti-competitive behaviour
Background
Mergers
ACCC approach to mergers
Criticism of ACCC approach
Case studies
Cartels
Authorisation
Case studies
Assistance to rural medical services
Protection of small business
Case studies
Legislative changes
Chapter 3 - Prices oversight
Background
Current prices oversight powers of the ACCC
Prices Surveillance Act 1983
- Declarations and the price notification process
- Inquiries into pricing
- Price monitoring
Trade Practices Act 1974
- Part IIIA - The access regime
- Part VB - Price exploitation in relation to NTS
Informal price monitoring
- Petroleum products
- Bank fees and charges
Proposed changes to PS Act
Chapter 4 - Enforcement issues
Allegations of ‘arm twisting’ by the ACCC
Telecommunications
Price exploitation
- Did the ACCC overstate its powers?
- The 10 per cent rule
ACCC’s arguments for stronger trade practices laws
The effects test
Cease and desist power
Imprisonment
Splitting the ACCC
ACCC’s performance overall
Appendices
Appendix A - List of submissions
Appendix B - List of exhibits
Appendix C - List of hearings and witnesses
Membership
Mr David PM Hawker MP (Chair)
Ms A E Burke MP
Mr A N Albanese MP
Ms T Gambaro MP
Mrs KE Hull MP
Mr MW Latham MP
Ms T Plibersek MP
Mc CM Pyne MP
Hon AM Somlyay MP
Dr AJ Southcott MP
Submissions and witneses to public hearings
Submissions
Australian Dairy Farmers' Federation Limited
Australian Automobile Association
Australian Competition and Consumer Commission
Professor Warren Pengilley
Australian Competition and Consumer Commission (supplementary submission)
Australian Competition and Consumer Commission (supplementary submission)
Professor Warren Pengilley (supplementary submission)
Public hearings
