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AustraliaMeaning of 'Understanding' 2009

About this Review

"This discussion paper seeks views on whether the current interpretation of 'understanding' limits the ability of the TPA to properly address anticompetitive conduct, as well as what inferences a court may draw from the evidence before it when considering the existence of an understanding." (See Treasury Press Release)

 

  • Questions for Discussion

  • The Government is particularly interested in views on the following:

    • 'Does the current judicial approach to the interpretation of ‘understanding’ limit the ability of the TPA to properly address anticompetitive practices?' and if so:

    - 'is there a need to clarify or define the meaning of ‘understanding’ in the TPA?' and
    - 'What should be the scope of any such clarification or definition?'

    • 'Is the Court currently constrained to an inappropriate degree in its ability to draw inferences from the evidence in determining whether or not an understanding exists?' and if so:

    - ' is there a need to specifically provide that the court may ascertain the existence of an understanding by inference from any factual matters put before the court?'

Submissions and meetings

Forthcoming

Legislative changes

Forthcoming