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Competition Policy Review

ARIA submission on the Issues paper

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Australian Recording Industry Association

Addresses six key questions from issues paper:

  1. regulatory impediments to competition
    (opposes recommendation 10 by House Standing Committee 2013 (that Govt 'investigate feasibility of amending the [CCA] so that contracts or terms of service which seek to enforce geoblocking are considered void')
  2. price discrimination
    (opposes re-introduction of price discrimination laws)
  3. IP laws
    (opposes repeal of IP exemptions in 51(3). Suggest 'recommendations of the Ergas Committee and the Government's Response need to be revisited' re: s 51(3) and also notes that the phrase 'to the extent that the condition relates to' in s 51(3) requires clarification. Also claim statutory pricing caps in s 152(8) and (11) of the Copyright Act have an adverse impact on competition and 'create market distortions and reduce economic efficiency'. Refers to Ergas recommendation that s 152(8) of the Copyright Act be 'amended to remove the broadcast fee price cap'.)
  4. effectiveness of current competition laws
    (claim CCA is 'less than fully effective because it is too complicated and too prescriptive to be complied with readily by business organisations'; CCA should be simplified)
  5. provisions on cartels, horizontal agreements and primary boycotts
    ('ARIA supports the much simpler and more effective cartel-related provisions proposed in the Commerce (Cartels and Other Matters) Amendment Bill 2011 as reported by the NZ Commerce Committee in May 2013')
  6. price signalling
    (should be repealed)