Section 50 - Still working after all these years

Ruth CA Higgins

Competition and Consumer Law Journal

Ruth CA Higgins, ‘Section 50 - Still working after all these years’ (2020) 27 CCLJ 88

Abstract

Section 50 of the Competition and Consumer Act 2010 (Cth) remains in substantially the same form in which it was introduced in 1993. That longevity is striking in a provision so central to the conduct of commerce in Australia. It reflects the fact that it is fit for its purpose of ensuring the preservation of workable competition in circumstances of possible consolidation, and performs that purpose in a jurisprudence which recognises that mergers can generate benefits as well as harm.