Last month two Acts implementing the biggest changes in Australia’s competition laws in over 20 years were passed into law.
On Thursday last week a commencement date of 6 November 2017 was proclaimed for these changes. Most changes are therefore in force TODAY – earlier than was generally expected.
- The controversial ‘effects test’ for misuse of market power is in effect;
- ‘Concerted practices’ are now prohibited;
- Third line forcing is no longer prohibited outright;
- The new test for authorisations is in place, potentially allowing more arrangements to be authorised than previously;
- Immunity can be more easily obtained for resale price maintenance; and
- Many other changes come into force.
A summary of the changes can be found here. If you have any queries, please contact the Competition and Consumer Law team at HWL Ebsworth Lawyers.