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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Competition and Consumer Amendment
(Misuse of Market Power) Bill 2014
No. , 2014
(Senator Xenophon)
A Bill for an Act to amend the Competition and
Consumer Act 2010, and for related purposes
No. , 2014
Competition and Consumer Amendment (Misuse of Market Power) Bill
2014
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Competition and Consumer Act 2010
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No. , 2014
Competition and Consumer Amendment (Misuse of Market Power) Bill
2014
1
A Bill for an Act to amend the Competition and
1
Consumer Act 2010, and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Competition and Consumer
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Amendment (Misuse of Market Power) Act 2014.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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2
Competition and Consumer Amendment (Misuse of Market Power) Bill
2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Competition and Consumer Act 2010 Schedule 1
No. , 2014
Competition and Consumer Amendment (Misuse of Market Power) Bill
2014
3
Schedule 1
--
Competition and Consumer Act
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2010
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3
1 After section 80AC
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Insert:
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80AD Divestiture where contravention of section 46
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Circumstances when this section applies
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(1) This section applies if the Court finds, or has in another proceeding
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instituted under this Part found:
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(a) that a corporation that has, or is taken to have, a substantial
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degree of power in a market has contravened
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subsection 46(1); or
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(b) that a corporation that has a substantial share of a market has
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contravened subsection 46(1AA).
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Reduction of corporation's market power
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(2) The Court may, on the application of the Commission or any other
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person, by order, give directions for the purpose of securing, within
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2 years of the order being made, a reduction in the corporation's
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power in, or share of, the market.
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When application must be made
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(3) An application under subsection (2) may be made at any time
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within 3 years after the date on which the contravention occurred.
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Order by consent
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(4) Where an application under subsection (2) has been made, the
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Court may, if the Court determines it to be appropriate, make an
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order by consent of all the parties to the proceedings, whether or
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not the Court has made the findings referred to in subsection (1).
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Schedule 1 Competition and Consumer Act 2010
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Competition and Consumer Amendment (Misuse of Market Power) Bill
2014
No. , 2014
Alternative to order under subsection (2)
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(5) Where an application is made under subsection (2) for an order to
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give directions for the purpose of securing a reduction in the
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corporation's power in, or share of, the market, the Court may,
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instead of making the order, accept, upon such conditions (if any)
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as the Court thinks fit, an undertaking by the corporation to take
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particular action to reduce the corporation's power in, or share of,
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the market.
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Section does not limit Court's powers.
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(6) This section does not limit the Court's powers under any other
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provision of this Act.
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