Harper Report 2015
Competition Policy Review
(Harper Review 2014-2015)
Type: Independent
Government: Coalition (Abbott then Turnbull)
Panel: Prof Ian Harper (Chair), Sue McCluskey, Michael O’Brien SC and Peter Anderson
Recommendations (competition law recommendations only):
Concepts: central concepts, prohibitions and structure be retained
Simplification: simply provisions and remove redundant provisions
Crown: extend application to government activities
Market definition: retain current definition
Competition definition: amend to clearly cover potential import competition
Extraterritorial reach: amend (expand)
Cartel conduct: simplify and make some amendments, including to joint ventures
Exclusionary provisions (boycotts): remove specific prohibition (captured elsewhere)
Price signalling: repeal specific prohibition
Concerted practices: amend s 45 to capture anti-competitive concerted practices
Misuse of market power: introduce competition test
Price discrimination: should not be re-introduced
Third line forcing: remove per se prohibition
Exclusive dealing: repeal (if amendments to 45 and 46 made)
Resale price maintenance: retain as per se but introduce notification and add exemption for RPM between related bodies corporate
Mergers: further consultation on informal process; combine formal process with authorisation and make ACCC first instance decision maker.
Secondary boycotts: maintain and enforce effectively; increase maximum penalty
Trading restrictions in industrial agreements: expand application
Authorisation and notification: simplify and allow authorisation (other than for per se prohibitions) where satisfied no SLC.
Block exemption: introduce block exemption power for ACCC
Section 155 notices: extend to cover investigation of alleged contraventions of court enforceable undertakings
Private actions: extend s 83 to admissions of fact made by person against whom proceedings are brought.
Access: amend declaration criteria
Also made recommendations regarding institutions and policy.
Timeline
Final terms of reference and review panel announced 27 March 2014
Issues Paper released: 14 April 2014
Draft Report released: 22 September 2014
Final Report released: 31 March 2015
Consultation on final report: 31 March 2015
Government response: 24 November 2015