The Harper changes to Australia’s Competition laws

Australia’s competition laws changed in November 2017.
This tool focuses on the changes to misuse of market power and concerted practices.

Follow the links below to learn more.

Concerted Practices

Competition law now includes a new prohibition against concerted practices. Concerted practices are not defined in the law but the ACCC says it includes many types of information sharing, including:

  • through a third party
  • where there is no obligation to use the information
  • ‘one way’ communications
  • between parties who are not competitors

Find out more about concerted practices

Misuse of market power

The law against misuse of market power has changed. It is now easier for a corporation with market power to
breach the law.

Companies with market power now need to consider the purpose and effect of their activities on competition.

Find out more about market power

Penalties

For corporations it is the greater of $10 million or 3 x the value of the benefit. For individuals it is $500,000 per contravention.

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