Clifford Chance

Misuse of market power - Lost in translation? Proposed changes to Australia's abuse of dominance provisions

22 March 2016

Following an extensive period of consultation the Australian Government has announced its intention to repeal the existing misuse of market power provision in section 46 of the Competition and Consumer Act 2010 (Cth) (CCA). It will be replaced with a misuse of market power provision prohibiting firms with substantial market power from engaging in conduct that has the purpose, effect or likely effect, of substantially lessening competition.

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