Competition Law

Australian Competition Law and Policy Discussion

Archive for August, 2013

Sims’ Law Council speech

Posted by Julie Clarke on 12 August 2013

ACCC Chairman, Rod Sims’ address to the Law Council of Australia’s Competition and Consumer Workshop is now available from the ACCC website. In it, he provides a tribute to Ron Bannerman, sets out regulatory issues for 2013, discusses the review of the Merger Review Process Guidelines, talks about compliance and enforcement, addresses some consumer issues and discusses ACCC engagement in the region.

Mergers

In relation to mergers Sims noted that the ACCC’s ‘main focus will be on a real world understanding of market structure and import competition, entry barriers, countervailing power and the overall competition process’ rather than ‘complex theories and detailed modelling’. He also noted that the ACCC was ‘close to finalising the revised Process Guidelines’, noting one of the key changes was to move away from the practice of setting 6-8 week standard review periods for all public merger reviews, noting that in complex cases reviews will often take longer than eight weeks and that in some cases review periods will be extended to coordinate reviews with other agencies. Sims also acknowledged concerns about the timeframes for publishing public competition assessments, noting that the ACCC has ‘undertaken steps internally to streamline our processes for preparing PCAs’ and will aim to publish within 30 days of announcing its final decision.

Compliance and enforcement

Sims noted that the ACCC wins around 80 per cent of cases it takes. Focus is consumer law, but Sims also focussed a lot on the ‘largest penalties for cartel conduct in the history of the ACCC’ – this is cumulatively and relates to the international air cargo cartel, for which many regulators can claim success. Sims also noted there had been five competition proceedings instituted in the 2011-2012 financial year (four alleging cartels and one (against Visa) alleging misuse of market power and exclusive dealing). Once again Sims promised more competition cases in the coming year. Sims also spoke about the ACCC’s review of its immunity policy for cartel conduct, which he anticipates will be finalised in the coming months, with a discussion paper to be released in September.

International engagement

Sims described the ACCC’s efforts to maximise engagement in the Asian region and noted that the ACCC will host the ICN annual conference in 2015.

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