Consultation on the telecommunications anti-competitive conduct laws

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The Government is seeking comments from interested stakeholders on the ongoing operation of the telecommunications-specific anti-competitive conduct laws in Part XIB of the Competition and Consumer Act 2010 given wider changes to the Act.

Why we want your input

We want your feedback to help determine if the telecommunications anti-competitive laws in Part XIB of the Competition and Consumer Act 2010 require changes given wider changes to the Act or should continue to operate unchanged.

How you can voice your opinion

You can have your say by providing a written submission by Friday, 30 September 2016.

What will be the outcome of this consultation?

Your submission will help the Minister decide whether the telecommunications anti-competitive conduct laws in Part XIB of the Competition and Consumer Act 2010 requires amendment given wider changes to the Act.

The Issue

We need your feedback on whether the Part XIB provisions need to be amended in light of the Government’s proposed changes to the general competition laws.

Today, the Treasurer released an exposure draft bill proposing changes to the misuse of market power in section 46 of the Competition and Consumer Act. The amendments prohibit corporations with substantial market power from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition. Section 46 applies to all corporations, including carriers and carriage service providers.

Section 46 interacts with, and has similarities to, the telecommunications-specific anti-competitive conduct laws in Part XIB. Under Part XIB, a carrier or carriage service provider engages in anti-competitive conduct if it has a substantial degree of market power in a telecommunications market and takes advantage of that power in any market with the effect or likely effect of lessening competition in a telecommunications market or engages in conduct that contravenes certain other provisions, including section 46.

Given the interaction between section 46 and Part XIB, there is a need to consider the ongoing operation of the telecommunications-specific anti-competitive conduct laws.

Background information:

Relevant Documentation

Consultation on Part XIB of the Competition and Consumer Act

Published 5th Sep 2016

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This paper outlines the proposed changes to section 46, the anti-competitive conduct regime in Part XIB and the issues that may arise with Part XIB given the proposed changes to section 46.

Submission template

Published 25th Aug 2016

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Please use this submission template when responding to this consultation. When you have completed this template, you can upload it through the 'Have your say now' button below.