Competition Law

Australian Competition Law and Policy Discussion

Changes to misuse of market power provision

Posted by Julie Clarke on 25 November 2008

The Trade Practices Legislation Amendment Act 2008 (Cth) was assented to on 21 November and came into operation on 22 November. You can view the changes to s 46 on my misuse of market power page.

The key changes include inserting a new s 46(6A) providing guidance as to what might constitute ‘taking advantage’ and making clear that recoupment is NOT required for predatory pricing actions under s 46(1) (see new s 46(1AAA).

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