Following exposure draft bill

Released: 5 September 2016

 

Press Release

Scott Morrison MP, 'Release of Exposure Draft for Consultation: Strengthening Australia’s Competition Law' (5 September 2016)

Law firm and related updates

Baker & McKenzie, 'New laws to introduce "effects test" for misuse of market power' (Client Alert, 6 September 2016)

Barton/Deakin, 'Competition Law Exposure Draft release' (5 September 2016) (PDF)

Clayton Utz, 'Harper Bill and related competition law reforms released for consultation' (5 September 2016)

Clifford Chance, 'Australian Government releases exposure draft legislation amending Australia's Competition Laws and provides businesses the opportunity to make their final comments and suggestions' (September 2016)

FTI Consulting, 'Federal Government’s Exposure Draft of Competition and Consumer Amendment (Competition Policy Review) Bill 2016' (6 September 2016)

Gilbert+Tobin, 'Rethinking the Competition and Consumer Act: Exposure draft legislation lays groundwork for the most significant change in a generation' (September 2016)

HopgoodGanim, 'Treasurer's full bench press on misuse of market power' (6 September 2016)

King&Wood Mallesons, 'Draft Harper legislation to redefine competition law in Australia' (5 Sept 2016)

King&Wood Mallesons, 'Reforming the cartel provisions post-Harper – a litigation and enforcement perspective' (5 September 2016)

Minter Ellison: 'Exposure draft of Harper Legislation released' (Australian Competitive Edge) (5 Sept 2016) (PDF)

Opinion

Editorial, 'Imported second-hand cars should trumpt the "effects test"' (AFR, 7 September 2016)

Danny Gilbert, 'Harper competition recommendation too broad, will deter rivalry' (The Australian, 5 October 2016)

Wayne Leach and Peta Stevenson, 'Turnbull government's 'effects test' proposal latest step on unworkable journe' (AFR, 5 September 2016)

Zaven Mardirossian and Matthew Lees, 'Harper legislation must leave no room for doubt' (The Australian, 12 October 2016).

Media

'Scott Morrison releases draft of competition law reforms' (The Australian, 5 September 2016)

Rufina Cheung, 'Exposure Draft of the Harper Review Bill released' (Wolters Kluwer blog, 7 September 2016)

Misa Han, 'Grocery prices could rise under effects test, says Labor' (AFR, 5 September 2016)

Patrick Hatch, 'Scott Morrison releases draft legislation to crack down on misuse of market power' (SMH, 5 September 2016)

Annabel Hepworth, 'Business Council says tough competition rules a global 'outlier'' (The Australian, 5 October 2016)

Clint Jasper, 'Farmers urge Government to stay the course on competition law reform' (ABC PM, 6 September 2016)

Sarina Locke, 'Labor claims milk and grocery prices will rise for regional consumers under proposed 'effects test'' (ABC Rural, 6 September 2016)

Kylar Loussikian, 'Competition law strengthened' (The Australian, 5 September 2016)

Joanna Mather, 'Effects test to stifle bank competition, experts say' (AFR, 2 October 2016)

Joanna Mather, 'Turnbull government introduces 'effects test' bill (AFR, 4 September 2016)

Following effects test response

Released: 16 March 2016

 

Academic commentary

Caron Beaton-Wells, 'The government goes the full Harper on competition – now for sanctions' (The Conversation, 17 March 2016)

Michelle Grattan, 'Big win for small business in government embrace of competition ‘effects test’' (The Conversation, 16 March 2016)

Stephen King, 'Changes to competition laws may hurt consumers' (The Conversion, 17 March 2016)

Alexandra Merrett, 'What does an effects test REALLY mean? Part I: lessons from the courts' (LinkedIN Pulse, 24 March 2016)

Law firm updates

Clayton Utz: 'Special effects or smoke and mirrors? The possible impact of an effects test for misuse of market power cases' (Michael Corrigan and Ian Reynolds, 18 March 2016)

Clayton Utz: 'What the effects test means for business' (Jessica Mah, In Competition, 17 March 2016)

Clifford Chance: 'Misuse of Market Power - Lost in Translation? Proposed changes to Australia's Abuse of Dominance Provisions' (Dave Poddar, Client Update, 22 March 2016)

Gilbert + Tobin: 'Going the "full Harper" - Big changes to section 46 announced' (March 2015)

HopgoodGanim: 'Misuse of Market Power' (Competition Law Update: 21 March 2016)

King&Wood Mallesons: 'Australian Government adopts effects test for misuse of market power' (Caroline Coops and Sharon Henrick, Insights, 16 March 2016)

King&Wood Mallesons: 'What the effects test means for business' (Jessica Mah, In Competition, 17 March 2016)

Lander & Rogers: '"Effects test" to proceed' (Competition Law alert: 17 March 2016)

Marque Lawyers: 'Misue of market power and the new effects test: what it means for business' (Michael Bradley and Hannah Marshall, 28 March 2016)

Media

Michael Roddan, 'Ian Harper slams 'effects test' reform critics for distortion' (The Australian, 26 July 2016)

Michael Roddan, 'ACCC slams big business for effects test distortion' (The Australian, 25 July 2016)

Broedy Carmody, 'Why ACCC chair Rod Sims is accusing Coles’ boss of telling competition porkies' (SmartCompany, 29 March 2016)

Ticky Fillerton, 'Effects test: ACCC's Rod Sims slams mistruths from big corporates' (ABC News, 29 March 2016)

Jacob Greber, 'Rod Sims criticises Coles boss on effects test claims' (AFR, 28 March 2016).

Shalailah Medhora, 'Nationals' Fiona Nash blasts Coles for suggesting competition laws will increase prices' (The Guardian, 24 March 2016)

Matthew Stevens, 'Rod Sims says big business gets competition reforms all wrong' (AFR, 23 March 2016)

Robert Gottliebsen, 'The big shift in the politics of small business' (Business Spectator, 21 March 2016)

Catherine Livingstone, 'Effects test change will stifle competition' (AFR, opinion, 20 March 2016)

Stephen Bartholomeusz, '"Effects test" fails to grasp that competition has gone global' (Business Spectator, 18 March 2016)

Stephen Bartholomeusz, "'Effects test' risks damaging competition and innovation' (The Australian, 17 March 2016)

Brode Carmody, 'How the small business community came together and convinced the government iPhones would not be at risk if competition laws were strengthened' (SmartCompany, 17 march 2016)

David Crowe, 'Turnbull's backflip on competition policy riles big business' (The Australian, 17 March 2016) (includes video)

Patrick Durkin, 'ACCC chairman Rod Sims: 'Nothing to fear' from effects test' (AFR, 17 March 2016)

Robert Gottliebsen, 'Next up on the government's reform agenda' (Business Spectator, 17 March 2016)

Eli Greenblat and Annabel Hepworth, 'Goyder blasts PM's effects test' (Business Spectator, 17 March 2016)

Claire Heaney, 'Industry leaders and lobbyists take aim over competition laws overhaul' (Herald Sun, 17 March 2016)

Marc Moncrief, 'Effects test to put corporate bullies on notice' (The Age, 17 March 2016)

Jared Owens, 'Effects test: Milk fight looms as Labor says shoppers are the losers' (The Australian, 17 March 2016)

Marianna Papadakis, 'Lawyers split on Turnbull's 'effects test', dislike Labor's plan' (AFR, 17 March 2016)

David Sparks, 'Farming groups throw support behind Government's 'effects test,' claiming it will protect fair competition' (ABC Rural, 17 March 2016)

AAP, 'BCA "disappointed" by effects test' (SBS, 16 March 2016)

Lucy Barbour, Anna Henderson and Tom Iggulden, 'Cabinet strikes agreement on effects test changes, big businesses 'disappointed' by move' (ABC News, 16 March 2016)

Broede Carmody, 'Cabinet throws support behind effects test 12 months after it was recommended by the Harper Review' (SmartCompany, 16 March 2016)

See also SmartCompany's 'effects test' media page

Frank Chung and AAP, 'Turnbull endorses "effects test"' (news.com.au, 16 March 2016)

Phillip Coorey, 'Effects test approved in Cabinet backflip' (AFR, 16 March 2016)

Phillip Coorey, 'Turnbull picks a fight with big business over competition law' (AFR, 16 March 2016)

John Durie, 'Effects test for competition passes muster' (The Australian, 16 March 2016)

Editorial, 'Getting the wrong effect' (AFR, 16 March 2016)

Gareth Hutchens, 'Turnbull government sides with small business, agrees to implement controversial 'effects test' (SMH, 16 March 2016)

Elizabeth Knight, 'Effects test: Malcolm Turnbull comes to blows with big business over competition reform' (SMH, 16 March 2016)

Natalie Kotsios, 'Agriculture sector welcomes Australian competition law changes' (Weekly Times, 16 March 2016)

Catie Low, 'Richard Goyder vows to keep cutting prices even it if lands Wesfarmers in court' (SMH, 16 March 2016)

Jared Owens, 'Government plans ‘effects test’ to try to curb misuse of market power' (The Australian, 16 March 2016)

Lenore Taylor and Gabrielle Chan, 'Competition law: Malcolm Turnbull abandons opposition to proposed changes' (The Guardian, 16 March 2016)

Cara Waters, 'Big win for small business on effects test' (SMH, 16 March 2016)

Government/political parties

Government/Liberal Party

Support Harper-style effects test

Joint Media Statement - Prime Minister, Treasurer and Assistant Treasurer - Competition Policy' (16 March 2016)

Transcript of Joint press conference with the Treasurer and Minister for Small Business and Assistant Treasurer (16 March 2016)

Fluer Anderson, 'Morrison back Nationals over Productivity Commission on farm red tape' (AFR, 21 July 2016) (post-election - commitment to effects test)

National party

Strongly support effects test

Media Release: '"Effects test" a win for farmers and small business"' (16 March 2016)

Labor party

Oppose effects test. Claim effects test will be 'lawyers' picnic'. Put forward own - different - plan two days before Government announcement.

Craig Emerson, 'The case against the effects test' (AFR, 18 March 2016)

Eloise Keating, 'Chris Bowen warns SMEs of “lawyers’ picnic” if effects test adopted but Bruce Billson says reform should go ahead' (Smart Company, 22 October 2015)

Joe Kelly, 'BCA backs Labor's leg-up for small business' (The Australian, 15 March 2016)

Jared Owens, 'Andrew Leigh criticises Rod Sims over ‘effects test’ claims' (The Australian, 25 July 2016)

Greens

Support effects test.

Industry

BCA

BCA, 'BCA Response to Section 46 Announcement' (BCA Media Release, 16 March 2016)

Catherine Livingstone, 'Effects test change will stifle competition' (AFR, opinion, 20 March 2016)

Council of Small Business Australia

Press Release, 'A Strong Government Creating Fair Competition' (COSBOA Media, 16 March 2016)

National Farmers' Federation

National Farmers Federation, 'NFF applauds introduction of ‘effects test’' (Media Release, 16 March 2016)

Retail Council

Disappointed by decision - quoted as saying the law would create legal uncertainty and impose unnecessary regulation on big business: see Lucy Barbour, Anna Henderson and Tom Iggulden, 'Cabinet strikes agreement on effects test changes, big businesses 'disappointed' by move' (ABC News, 16 March 2016)

VACC

VACC, 'Adoption of "effects test" a big win for small business' (Media Release, 17 March 2016)

Wesfarmers

Sean Smith, 'Goyder slams new market abuse laws' (The West Australian, 16 March 2016)

Following government response

Released: 24 November 2015

 

ACCC

ACCC, 'ACCC welcomes the Government's response to the Harper Review' (Media Release, 24 November 2015)'

Government/political parties

'Turnbull Government to promote more choice, better services, stronger growth' (Media Release, 24 November 2015)

Academic

Bruce Baer Arnold, 'Cheaper books are on the way, but IP policy still favours big business' (EconoTimes, 25 November 2015)

Bob Baxt, 'The Government’s response to the Harper Report – some rationality at last' (Wolters Kluwer Law Chat Blog, 11 December 2015)

Caron Beaton-Wells, 'We’ve already had consultation on the effects test: more is just a political smoke screen', The Conversation, 25 November 2015 (also in SmartCompany)

Peter Donoughue, 'Parallel importation and Australian book publishing: here we go again' (The Conversation, 25 November 2015)

Rebecca Gilsenan, 'Could the Harper Review recommendations revive private enforcement of cartel prohibitions?' (2016) 24 Australian Journal of Competition and Consumer Law 6

Stephen King, 'Harper response is good economics and smart politics', The Conversation, 25 November 2015

Alexandra Merrett, 'Changes to Australian merger reviews: the Government's intriguing response to Harper' (LinkedIN Pulse, 25 February 2016)

Alexandra Merrett, 'Misuse of market power: how figure skating explains the role of purpose' (LinkedIN Pulse, 2 February 2016)

Alexandra Merrett, 'Turf wars loom over new competition policy body', The Conversation, 26 November 2015

Law firms

Baker & McKenzie, 'Government response to Harper Review released' (25 November 2015)

Clayton Utz, 'Harper competition reforms largely endorsed by the Federal Government' (25 November 2015)

Clyde & Co LLP, 'Reforms to Australia’s competition framework: cabotage regime and liner shipping exemption' (27 November 2015)

Corrs Chambers Westgarth, 'Federal government releases its response to the Harper Competition Policy Review' (26 November 2015)

Gilbert + Tobin, 'Substantial changes to competition law and policy ahead: Government response to Harper Report released' (November 2015)

Herbert Smith Freehills, 'Government responds to Harper Review' (25 November 2015)

Herbert Smith Freehills (Patrick Gay and Liza Carver), 'Harper response: Long on support, short on detail' (25 November 2015) (also published as Patrick Gay & Liza Carver, 'The problem with the government's Harper response (The Australian, Business Spectator, 26 November 2015)

Jones Day, 'Australia Rethinks Competition Law and Policy' (Nick Taylor, Prudence Smith and Jason A Beer, 25 November 2015)

Lander & Rogers, 'Turnbull's tick of approval: Federal Government's response to Harper Competition Policy Review' (Competition and Consumer Law eBulletin, 27 November 2015)

Media

Colin Bettles, 'ACCC demands tougher competition laws' (Farm Weekly, 8 April 2016)

Inaki Berroeta, 'Democratic traditions reward positive policy' (The Australian, 14 December 2015)

Ross Gittins, 'Let's not repeat our many competition stuff-ups post the Harper review' (SMH, 30 November 2015)

Harold Mitchell, 'Harper review proves again competition produces winners' (SMH, 28 November 2015)

Steven Wardill, 'Opinion: Harper competition reforms mean all sides must take some stick' (The Courier Mail, 28 November 2015)

Jennifer Westacott, 'Consumer choice at the heart of Hilmer Report' (The Australian, 28 November 2015)

Mark Ludlow, 'Second-hand cars cost twice what they should' (AFR, 27 November 2015)

Alan Mitchell, 'Weakening supply side makes reform mandatory' (AFR, 27 November 2015)

'Pharmacy ownership "should be opened up" (Sky News, 25 November 2015)

John Durie, 'Scott Morrison backs Harper Report reforms' (The Australian, 25 November 2015)

Editorial, 'The government's Harper Review response is a good start' (AFR, 25 November 2015)

Anna Patty, 'Harper review competition law changes: what they mean for you' (SMH, 25 November 2015)

Ben Potter, 'Harper changes 'as big as Hilmer' for economy in need of boost' (AFR, 25 November 2015)

David Uren, 'Harper review: Competition reforms to "end decline in growth"' (The Australian, 25 November 2015)

Fleur Anderson, 'Scott Morrison to consider 'part-Harper' option for the effects test' (AFR, 24 November 2015)

Stephen Bartholomeusz, 'A profound shift could be in store for the ACCC' (Business Spectator, 24 November 2015)

Broede Carmody, 'Everything you need to know about the government’s response to the Harper review' (Smart Company, 24 November 2015)

Phillip Coorey, 'Bruce Billson won't be happy, but competition plan hits the sweet spot' (AFR, 24 November 2015)

Ewin Hannan, 'Secondary boycott penalties to skyrocket to $10m' (AFR, 24 November 2015)

Gareth Hutchens, 'Turnbull government responds to Harper review into competition laws, accepts majority of recommendations' (SMH, 24 November 2015)

Nassim Khadem, 'Harper review: winners and losers from the Turnbull government's response' (SMH, 24 November 2015)

Alan Mitchell, 'Competition review: Turnbull embraces Harper, now he must take on the vested interests' (AFR, 24 November 2015)

Rohan Pearce, 'Government lacks enthusiasm for Harper Review IP recommendations' (Computerworld, 24 November 2015)

Leo Shanahan, 'Harper reforms: Certainty of new laws will aid joint ventures' (The Australian, 25 November 2015)

Anna Vidot, 'Federal Government again delays decision on 'effects test' in response to Harper Review' (ABC Rural, 24 November 2015)

Cara Waters, 'Government "squibs" small business on competition review' (SMH, 24 November 2015)

Jennifer Hewett, 'Competition law – Harper proposal for effects test has caused real concern' (AFR, 23 November 2015).

Industry and Interest Groups

Business Council of Australia

Jennifer Westacott, 'Competition Reform Needs to Focus on Consumers' (Opinion piece by CEO of BCA, 28 November 2015)

Council of Small Business of Australia

Peter Strong, 'An open letter to the Prime Minister: The risk of not having an effects test' (SMH, 15 March 2016)

Insurance Council of Australia

John Maguire, 'ICA backs Government review response' (26 November 2015)

Parallel Imports and IP

Bruce Baer Arnold, 'Cheaper books are on the way, but IP policy still favours big business' (EconoTimes, 25 November 2015)

Peter Donoughue, 'Parallel importation and Australian book publishing: here we go again' (The Conversation, 25 November 2015)

Rohan Pearce, 'Government lacks enthusiasm for Harper Review IP recommendations' (Computerworld, 24 November 2015)

Pharmacy

'Pharmacy ownership "should be opened up" (Sky News, 25 November 2015)

Road Transport

ATN, 'Road pricing green light as Harper Review is accepted' (25 November 2015)

Following final report

Released: 31 March 2015

 

ACCC response

ACCC, 'ACCC welcomes pro-competitive recommendations of Harper review' (Press Release, 31 March 2015)

Government and political response

Government

Government welcomes Competition Policy Review final report (Media Release, 31 March 2015)

Bruce Billson, Transcript – Joint Press Conference – Competition Policy Review (Tuesday 31 March 2015)

The Hon Bruce Billson MP, 'Statement on making our misuse of market power laws workable, more predictable and more effective' (Media Release, 5 August 2015)

The Hon Bruce Billson opinion pieces

Bruce Billson, 'Harper review misuse of market power clause would energise enterprise' (AFR, 31 August 2015).

The Hon Bruce Billson MP radio interviews following release of Harper Report

Burce Billson, Transcript - ABC774 with Jon Faine (inc Harper Recommendations)
"One of the problems we have got now with the current misuse of market power laws is that it does not actually work. It does allow dominant firms to essentially fortify their position, if I could use that term Jon, where they can engage in exclusionary conduct that sort of freezes out other competitors and new offerings"Bruce Billson, Transcript - Fran Kelly RN Breakfast - Competition Policy ReviewView audio version - Fran Kelly, 'Harper Review calls for an overhaul of Australia's competition laws' (ABC Radio National, RN Breakfast, 1 April 2015) (Guest: Bruce Billson, Federal Minister for Small Business) (produced by Sheryle Bagwell)Bruce Billson, Transcript - Justin Smith 2UE - Competition Policy Review (1 April 2015)Bruce Billson, Transcript – Kieran Gilbert Sky Agenda – Competition Policy Review (1 April 2015)Bruce Billson, Transcript – David Speers Sky Agenda – Competition Policy Review (31 March 2015)Bruce Billson, Transcript – Gary Adshead 6PR- Competition Policy Review (31 March 2015)

Post initial release of the Report

The Hon Bruce Billson MP, 'Statement on making our misuse of market power laws workable, more predictable and more effective' (Media Release, 5 August 2015).

Labor Party

Chris Bowen, 'Tony Abbott’s effects test would throttle competition' (The Australian, 7 August 2015)

Chris Bowen, 'Effects test will hamper competitors' (AFR, 10 April 2015)
(Also published as Chris Bowen, 'Government must steer clear of effects test recommendation' (AFR, 10 April 2015, p 39)

Andrew Leigh MP (Shadow Minister for Competition), 'Harper Report shares Labor's focus on the sharing economy' (Media Release, 2 April 2015)

Greens

Senator Peter Whish-Wilson, 'Greens are fighting for the small business without a voice' (SMH, 4 September 2015)

Other

'Harper review: MPs back Uber' (The Age video, 1 April 2015) (video featuring Labor's Michelle Rowland and Liberal Angus Taylor

Academic and practitioner comments

Jo Dimasi, Allan Fels, Bruce Baer Arnold, Graeme Samuel and Ian McAuley, 'Harper makes case for competition overhaul: experts react' (The Conversation, 1 April 2015)

Caron Beaton-Wells, 'Harper Review: a mixed basket for Coles and Woolworths' (The Conversation, 2 April 2015)

Peter Harris, 'Reviving Harper' (address to the Australian Competition Policy Summit 2015, 22 September 2015)

Fred Hilmer, 'Partisan politics threatens to derail competition reform' (AFR, 1 April 2015)

Stephen King and Graeme Samuel, 'Competition law fix could seriously harm competition' (The Conversation, 5 May 2015)

Flavio Menezes, 'Why Labor should come to the party on the competition review' (The Conversation, 21 October 2015)

Alexandra Merrett, 'Explainer: what is the competition ‘effects test’?' (The Conversation, 1 April 2015)

Rohan Miller, 'Harper report does little for Australian consumers' (SMH, 1 April 2015)
(Senior Lecturer, University of Sydney Business School)

Russell Miller, 'Competition Debate must move beyond effects test battle' (The Conversation, 1 May 2015)

Russell Miller, 'The Harper Review – let’s focus on what will make a real difference' (The Conversation, 2 April 2015)

Graeme Samuel and Stephen King, 'Competition Law: Effects test would have shackled competition' (AFR, 8 September 2015)

Graeme Samuel and Stephen King, 'Let companies compete and consumers take the gains' (AFR, 7 April 2015)

Martyn Taylor, 'Digital disruption, big data… now Harper?' (AFR, 2 April 2015)

Danielle Wood, 'Government writing reform cheques it’s unlikely to cash' (The Conversation, 2 April 2015)

Law firm commentary (and related)

Allens >< Linklaters

The Harper Review: The Major Issues
Includes sections on 'Key issues for General Counsel' and 'What the Harper Review recommendations mean for your company' (including a neat PDF chart on some of the major issues)

Video Introduction to the Harper Report by Fiona Crosbie (16 April 2016)

 

Arnold Bloch Leibler

Samantha Woodhill, 'Firm endorses Harper Review recommendations' (Australian Lawyer, 8 April 2015)

Ashurst

The Harper Review of competition law and policy: your one-stop guide to the Final Report' (Ashurst Australia, Competition Law News, 1 April 2015) (PDF)

Baker & McKenzie

Rowan McMonnies, Jo Daniels, Georgina Foster and Ross McLean, 'Harper Report: the key recommendations' (Legal Alert, Baker & McKenzie, 2 April 2015)

Bird & Bird

Kathryn Edghill and Cicely Sylow, 'Competition law and Intellectual Property rights in Australia: The Harper Review's Final Report recommends further inquiry and changes' (Bird&Bird, 31 March 2015)

Clayton Utz

Michael Corrigan, 'Harper Review of competition law recommends broader reach of cartel and misuse of market power laws' (Clayton Utz Insights, 2 April 2015)

Clyde

Christopher Keane, Maurice Thompson and Joel Cockerell, 'Harper Review recommends changes to Australia’s cabotage regime and liner shipping exemption' (Clyde & Co LLP, Insight/Updates, 2 April 2015)

Cooper Grace Ward

'Release of the Harper Report on Competition Policy Review' (9 April 2015)

Corrs Chambers Westgarth

Ayman Guirguis and Asa Lam, 'Harper Review recommends major changes to competition laws (Corrs In Brief, 1 April 2015)

DLA Piper

Simon Uthmeyer and Matthew Tyalor, 'Harper Review dispenses important recommendations for the life sciences sector' (DLS Piper, Life Sciences Spotlight, April 2015) (or from Lexology)

Fleur Gibbons, Nadia Cooke and Simon Uthmeyer, 'Harper Review Panel only goes half way for insurers' (DLA Piper, Competition and Market Regulation Update (Australia), 7 April 2015)

Alec White, Fleur Gibbons and Simon Uthmeyer, 'Harper Review - Implications for wholesale electricity markets' (DLA Piper, Competition and Market Regulation Update (Australia), 7 April 2015)

Gilbert + Tobin

Harper Review
Includes all of the firm's publications relating to the Harper Review

Where to now for big business, small business and market power?
Matt Rubinstein, Elizabeth Avery, Paula Gilardoni and Simon Snow
Gilbert + Tobin Updates in Competition and Regulation, April 2015

Herbert Smith Freehills

Harper Review Final Report
Good detail about the final report here broken into various useful sections

See also BRR Media video interview with Patrick Gay on recommended changes to misuse of market power (16 April 2016)

 

HopgoodGanim Lawyers

Brett Bolton, 'Harper makes final competition policy recommendations' (brr media, 8 April 2015)
Five minute video on BRR Media focussing on s 46 and secondary boycotts.

King&Wood Mallesons

Martine Phillips, 'Clearing the way for Improvements to Australia's Merger Control Processes'
Includes video by KWM Partners, Sharon Henrick and Caroline Coops

Matt Sherman, 'Powers and Penalties - The Harper Review's Key Enforcement Recommendations' (KWM, In Competition, 16 April 2015)
Includes video discussion by King Wood Mallesons partners, Peta Stevenson and Lisa Huett; text also available

Susan Zhuang, 'Privatisation: A hot topic of public conversation' (KWM, In Competition, 13 April 2015)
Includes video discussion by Andrew Monotti and Wayne Leach

Sharon Henrick and Caroline Coops, 'Reforming Australia’s competition laws and policy: the Harper Committee’s report' (King & Wood Mallesons, 31 March 2015)

See also Peta Stevenson, 'Reforming Australia's Competition Laws and Policy' (In Competition, 2 April 2015)

Daniella Phair, 'The Harper Review (IP update)' (King&Wood Mallesons IP Whiteboard, 2 April 2015)

McCullough Robertson

Paul McLachlan, John Kettle and Brett Heading, 'Harper Review Final Report recommends significant new changes' (McCullough Robertson, The Chariman's Red Blog, 2 April 2015)

Minter Ellison

Paul Schoff, Follow the yellow brick road: Final Report of the Competition Policy Review
Minter Ellison (1 April 2015)

Norton Rose Fulbright

Harper heat map: Retail sector (April 2015)

PwC

Tony O'Malley and Yolanda Chora, 'Harper Review into competition policy – Final Report' (1 April 2015)
PDF (or view in HTML at Lexology)

Spruson & Ferguson

Dr Simon Potter, 'Harper panel final report - competition policy review recommends changes to Australian IP policy' (9 April 2015)

Watermark

Jill Newton, 'Competition policy review (‘Harper Review’) final report' (Watermark Patent & Trade Marks Attorneys)

Media

November 2015

John Durie, 'Harper report front and centre' (The Australian, 19 November 2015)

September 2015

Peter Harris, 'Reviving Harper' (address to the Australian Competition Policy Summit 2015, 22 September 2015)

Alan Mitchell, 'Peter Harris calls for action on competition reform' (AFR, 21 September 2015)

Mark Kenny and Peter Martin, 'Turbulent times ahead despite Malcolm Turnbull's strong start' (SMH, 22 September 2015)

John Durie, 'Harper Review decision on hold but watch this space' (The Australian, 21 September 2015).

David Uren, 'Give healthy competition a chance' (The Australian, 17 September 2015)

Laura Tingle, 'Malcolm Turnbull woos Nationals with competition backflip, up to $4b deal' (AFR, 16 September 2015)

Nick Grimm, 'Why is the 'Effects Test' causing so much heartburn for businesses large and small?' (ABC News (3min audio), 16 September 2015) (featuring Allan Fels)

Joe Kelly, 'Malcolm Turnbull: Nats win concessions as senators cross floor' (The Australian, 16 September 2015)

AAP, 'Cabinet to consider 'effects test'' (Business Spectator, 15 September 2015)

Phillip Coorey, 'Malcolm Turnbull unites Coalition, business hopes surge' (AFR, 15 September 2015)

Nationals senators cross floor to back Greens on competition law changes' (The Guardian, 15 September 2015).

Graeme Samuel and Stephen King, 'Competition Law: Effects test would have shackled competition' (AFR, 8 September 2015)

James Massola and Matthew Knott, 'Liberal MPs urge government rethink on effects test to help small business' (SMH, 8 September 2015)

Heath Aston, 'Sidelined Harper competition law review cost $3m in pay and travel for authors' (SMH, 4 September 2015)

Eloise Keating, 'Allan Fels slams big business lobbying over effects test and government’s “disastrous incapacity” to deliver reform' (Smart Company, 4 September 2015)

Patrick Durkin, 'Face up to 'tough' reform or risk recession, says Ian Harper' (The AFR, 3 September 2015)

Alan Fels: Alan Fels, 'Tony Abbott's Harper Review 'effects test' rejection shows reform incapacity' (AFR, 3 September 2015)

Eloise Keating, 'Big business should “hang their head in business shame” as cabinet crumbles under pressure on effects test, Peter Strong says' (Smart Company, 3 September 2015)

'Coalition selling out small business to "big end of town", says lobbyists' (The Guardian, 1 September 2015)

David Crowe, 'Small business proposal shelved after cabinet division' (The Australian, 1 September 2015)

David Crowe, 'Small business reform to test resolve over Joe Hockey’s job' (The Australian, 1 September 2015)

Eloise Keating, 'Bruce Billson puts effects test to cabinet' (Smart Company, 1 September 2015)

Lenore Taylor, 'Bruce Billson embroiled in cabinet split over tougher competition laws' (The Guardian, 1 September 2015)

August 2015

Phillip Coorey, 'Cabinet split over crackdown on big business power' (AFR, 31 August 2015) (originally published as ' 'Cabinet to endorse crackdown on big business power')

Fleur Anderson, 'How Bruce Billson’s own business failure affected his effects test policy' (BRW, 14 August 2015)

Fleur Anderson, 'Labor MPs divided on effects test' (AFR, 11 August 2015)

David Crowe, 'ALP targets Joe Hockey on Bruce Billson competition law' (The Australian, 10 August 2015)

Anna McPhee, 'Section 46 ‘reform’ could hurt consumers' (The Australian Business Review, 10 August 2015)

David Crowe, 'Peter Costello warns competition change will fail to deliver benefits' (The Australian, 8 August 2015)

Chris Bowen, 'Tony Abbott’s effects test would throttle competition' (The Australian, 7 August 2015)

John Durie, 'Small Business Minister Bruce Billson reverts to form' (The Australian, 6 August 2015)

John Durie, 'The real threat to competition reform' (The Australian, 5 August 2015)

Terry McCrann, 'Bruce fails his big effects test' (Herald Sun, 5 August 2015)

Richard Gluyas,' Former watchdog chief doubts change to market power' (The Australian, 5 August 2015)

Phillip Coorey, 'Bruce Billson strikes back at BCA over effects test backlash' (AFR, 4 August 2015)

Rod Sims, 'Why the change to Harper Competition Review law will help boost competition' (AFR, 4 August 2015)

Phillip Coorey and Jacob Greber, 'Prime Minister takes on big business, retailers over tougher competition law' (AFR, 3 August 2015)

Craig Emerson: 'The Coalition gives in to vested interests competition policy' (AFR, 3 August 2015).

July 2015

John Durie, 'Harper competition review response delayed' (The Australian, 1 July 2015)

John Durie, 'Harper Still Under Wraps' (The Australian, 1 July 2015, page 28)

June 2015

David Uren, 'Harper reforms key to lift economy: PC boss Peter Harris' (The Australian, 24 June 2015).

27 April 2015

Simon Evans, 'Berocca maker Bayer says strong brands stop Woolworths, Coles power hangover' (AFR, 27 April 2015)

Esther Han, 'ACCC boss Rod Sims rejects supermarket claims effects test will hurt shoppers' (SMH, 27 April 2015)

23 April 2015

AAP, 'Australian Pharmaceutical Industries believes there's little chance the Abbott government will move to lift restrictions on pharmacy ownership' (SPS, 23 April 2015)

ACCC, 'The Harper Review and Privatisation' (ACCC Media Release, 23 April 2015)

Eli Greenblat, 'ACCC raps supermarkets for ‘confused’ debate' (The Australian, 23 April 2015)

Mark Ludlow, 'ACCC's Rod Sims warns of 'gaps' in cartel laws' (AFR, 23 April 2015)

Glen Norris, 'Harper Review recommendations on competition a bitter pill for pharmacies' (Courier-Mail, 23 April 2015)

Gemma Snowdon, Interview with Rod Sims (Mornings with Steve Austin, 612 ABC Brisbane)
Includes discussion of proposed merger of power generators CS Energy & Stanwell, Uber (at 3min mark), medical and legal cartels (from 7min), supermarket competition (about 12 mins)

20 April 2015

Madeleine Heffernan, 'Back the little guy: independents urge government to take on Woolworths, Coles' (SMH, 20 April 2015)

Zaven Mardrirossian and Matthew Lees, 'Harper Review leaves cartel immunity uncertain' (The Australian, 20 April 2015)

17 April 2015

Tony Boyd, 'Trading hours the low hanging fruit of reform' (AFR, 17 April 2015)

Katie Walsh, 'Courts, business up to the challenge: Harper panellist & silk' (AFR, 17 April 2015)

15 April 2015

Katherine Towers, 'Ian Harper flags hike for taxis and medicine' (The Australian, 15 April 2015)

14 April 2015

AAP, 'Effects test won't scuttle reform: Harper' (Business Spectator, 14 April 2015)

Patrick Durkin, 'Professor Allan Fels warns big business to back down' (AFR, 14 April 2015)

Wilhelm Harnisch, 'The Harper Review Joins the Productivity Chorus' (Sourceable, 14 April 2015)

Jeff Whalley, 'Customers could pay for taxi deregulation - Harper' (Herald Sun, 14 April 2015)

10 April 2015

Fleur Anderson, 'Netflix tax draws attention to parallel imports' (AFR, 10 April 2015)

Chris Griffith, 'Lateral thinking needed to ensure a smooth ride for Uber and co' (The Australian, Technology Spectator, 10 April 2015)

Kirsten Robb, 'Shadow treasurer Chris Bown sides with big business on effects test' (Smart Company 10 April 2015)

8 April 2015

Brett Bolton, 'Harper makes final competition policy recommendations' (brr media, 8 April 2015)
Five minute video on BRR Media focussing on s 46 and secondary boycotts.

Samantha Woodhill, 'Firm endorses Harper Review recommendations' (Australian Lawyer, 8 April 2015)

7 April 2015

Stephen Bartholomeusz, 'Harper's hit to big business will be a blow to competition' (Business Spectator, 7 April 2015)

John Durie, 'Bruce Billson must make the case for change based on Harper report' (The Australian, 7 April 2015)

Ian Verrender, 'What modern business competition looks like' (ABC Radio Australia, 7 April 2015)

6 April 2015

Sarina Locke, 'Harper Competition Review recommends shake-up of road funding to make it fairer for country drivers' (ABC Rural, 6 April 2015)

5 April 2015

Editorial, 'Harper review: Competition test for government resolve' (The Age, 5 April 2015)

Kirsty Needham, 'NSW alcohol laws at risk in competition review' (SMH, 5 April 2015)

4 April 2015

Eli Greenblat, 'Aldi’s expansion to offset any supermarket giant gains: report' (The Australian, 4 April 2015)

Gareth Hutchens, 'Harper review of competition has deregulation agenda' (SMH, 4 April 2015)

Sarah Martin, 'Opening doors to used cars ‘will drive competition’ ' (The Australian, 4 April 2015)

2 April 2015

'Harper Review calls for removal of parallel import restrictions on motor vehicles' (News.com.au, 2 April 2015) (includes video interview)

Sheryle Bagwell, 'Harper Review recommends scrapping of parallel import restrictions on books and cars' (ABC Radio National, RN Breakfast, 2 April 2015) (Guests include Tony Weber and David Vinsen) (audio segment)

Jo Kelly, 'Harper Review: Revamp 'doesn't hold much for small business' (The Australian, 2 April 2015)

Sue Lannin, 'Small business critical of 'academic' Harper review, consumer group flags likely opposition by big business to changes' (7 News, 2 April 2015)

Felicity Nelson, 'Scepticism remains over Harper Review ‘effects test’' (Lawyers Weekly, 2 April 2015)

Martyn Taylor, 'Digital disruption, big data… now Harper?' (AFR, 2 April 2015)

1 April 2015

AAP, 'Competition like football: Harper' (The Australian Business Review, 1 April 2015)

Stephen Bartholomeusz, 'Can the Harper review compete with business interests?' (Business Spectator, 1 April 2015)

Nicola Berkovic, 'Harper Review: 'More power to ACCC the key' (The Australian, 1 April 2015) (includes video interview with Stephen Bartholomeusz)

Dan Conifer, 'Supermarket lobby rejects key finding in Federal Government's Harper competition review' (ABC News, 1 April 2015)

Beau Donelly, 'Harper review: Pharmacists slam proposal to lift restrictions' (SMH, 1 April 2015)

Patrick Durkin, Ben Potter and Fleur Anderson, 'Win for competition in Harper Review' (AFR, 31 March 2015)

Allan Fels on Switzer Daily, 1 April 2015 (Video discussing Harper Review) (around 9 minutes)

Michael Janda and Kathryn Diss, 'Harper competition inquiry recommends changes to shopping hours, taxi regulation, parallel importation restrictions' (ABC News, 1 April 2015)

Fran Kelly, 'Harper Review calls for an overhaul of Australia's competition laws' (ABC Radio National, RN Breakfast, 1 April 2015) (Guest: Bruce Billson, Federal Minister for Small Business) (audio) (produced by Sheryle Bagwell)

View transcript of this interview

Joe Kelly and Rick Wallace, 'Harper review: Competition shift ‘tough’' (The Australian, 1 April 2015)

Mark Kenny, Peter Martin and Gareth Hutchens, 'Harper review: Plan to lift market restrictions to put consumer interests first' (SMH, 1 April 2015)

Elizabeth Knight, 'Harper competition review dragging taxis, shopping hours into 21st century' (SMH, 1 April 2015)

Matthew Knott, 'Harper review: Coles, Woolies fight recommended change to competition laws' (SMH, 1 April 2015)

Sue Lannin, 'Small business critical of 'academic' Harper review, consumer group flags likely opposition by big business to changes' (ABC News, 1 April 2015)

Sarina Locke, 'Farmers and food suppliers welcome more power under recommended changes to competition policy' (ABC Rural, 1 April 2015)

Malcolm Maiden, 'Crunch time for the government's reform ambitions' (SMH, 1 April 2015)

Peter Martin, 'Competition Review: Ian Harper looks beyond taxis, pharmacies and trading hours' (SMH, 1 April 2015)

Alan Mitchell, 'We need all the reform we can get' (AFR, 1 April 2015)

Kirsten Rob, 'Everything you need to know about the small business effects test: Legal powers beefed up to fight the big end of town' (Smart Company, 1 April 2015)

Julie-anne Sprague, 'Wesfarmers chief Richard Goyder slams Harper Review test' (AFR, 1 April 2015)

David Swan, 'Uber praises Harper review's taxi focus' (Technology Spectator, 1 April 2015)

Louise Yaxley, 'Harper Review: Shake-up of pharmacy rules could mean longer opening hours, better service, Consumers Health Forum says' (ABC News, 1 April 2015)

31 March 2015 (day of release)

'Harper review: The key recommendations'(SMH, 31 March 2015)

AAP, 'Move to tighten market power misuse law' (7 news, 31 March 2015)

Stephen Bartholomeusz, 'The points of contention in the Harper review' (Business Spectator, 31 March 2015)

Tony Boyd, 'Ian Harper hits the supermarkets (AFR, 31 March 2015)

Editorial, 'Harper Competition Review: When are we going to get some policy bang for our inquiry bucks?' (SMH, 31 March 2015)

Gareth Hutchens, 'Harper review member wants business leaders to prove they back competition' (SMH, 31 March 2015)

Gareth Hutchens, Peter Martin, 'Harper competition review: Taxis pharmacies, shopping hours ripe for shakeup' (SMH, 31 March 2015)

Marianna Papapakis, 'Harper's 'effects test' will hurt business; lawyers' (AFR, 31 March 2015)

Rohan Pearce, 'ACCC not sold on all Harper review recommendations' (Computerworld, 31 March 2015)

Katie Walsh and Marianna Papadakis, 'Sharpen focus and split the ACCC, says Harper report' (AFR, 31 March 2015)

Interest group responses and industry specific media

Books/Publishing

Amanda Meade, 'Removing import restrictions would harm Australian authors, say publishers' (The Guardian, Blog, 7 April 2015)

Consumers

Karina Bray, 'Reforms to empower consumers' (Choice, 2 April 2015)

Intellectual Property

Daniella Phair, 'The Harper Review (IP update)' (King&Wood Mallesons IP Whiteboard, 2 April 2015)

Pharmacy

Simon Evans, 'Berocca maker Bayer says strong brands stop Woolworths, Coles power hangover' (AFR, 27 April 2015)

Glen Norris, 'Harper Review recommendations on competition a bitter pill for pharmacies' (Courier-Mail, 23 April 2015)

AAP, 'Australian Pharmaceutical Industries believes there's little chance the Abbott government will move to lift restrictions on pharmacy ownership' (SPS, 23 April 2015)

Chris Brooker, 'Attacks on pharmacy continue' (Pharmacy News, 7 April 2015)

Philip Clarke, 'The right prescription: pharmacy sector in dire need of reform' (The Conversation, 7 April 2015)

Peter Martin, 'Harper Competition Review finds bitter pills in pharmacy industry' (The Age, 7 April 2015)

Leith van Onselen, 'Time to break the great pharmacy racket' (Macro Business, 7 April 2015)

Dan Harrison, 'Pharmacy explainer: what are the benefits of deregulating the pharmacy industry?' (SMH, 5 April 2015)

Beau Donelly, 'Harper review: Pharmacists slam proposal to lift restrictions' (SMH, 1 April 2015)

Small business

Sue Lannin, 'Small business critical of 'academic' Harper review, consumer group flags likely opposition by big business to changes' (ABC News, 1 April 2015)

Supermarket

Esther Han, 'ACCC boss Rod Sims rejects supermarket claims effects test will hurt shoppers' (SMH, 27 April 2015)

Madeleine Heffernan, 'Back the little guy: independents urge government to take on Woolworths, Coles' (SMH, 20 April 2015)

Eli Greenblat, 'ACCC raps supermarkets for ‘confused’ debate' (The Australian, 23 April 2015)

Caron Beaton-Wells, 'Harper Review: a mixed basket for Coles and Woolworths' (The Conversation, 2 April 2015)

Dan Conifer, 'Supermarket lobby rejects key finding in Federal Government's Harper competition review' (ABC News, 1 April 2015)

Matthew Knott, 'Harper review: Coles, Woolies fight recommended change to competition laws' (SMH, 1 April 2015)

Julie-anne Sprague, 'Wesfarmers chief Richard Goyder slams Harper Review test' (AFR, 1 April 2015)

Tony Boyd, 'Ian Harper hits the supermarkets (AFR, 31 March 2015)

Taxi (and related)

Jenni Ryall, 'Taxi vs. Uber war intensifies in Australia after damning review' (Mashable, 7 April 2015)

David Swan, 'Uber praises Harper review's taxi focus' (Technology Spectator, 1 April 2015)

Following draft report

Released: 22 September 2014

 

ACCC response

University of South Australia workshop: Regulator update (Speech, 10 October 2014) (see also associated press release)

ACCC welcomes Harper Competition Review Draft Report (Press Release, 22 September 2014)

Academic and practitioner comments

Harper competition review seeks widespread change: experts react (The Conversation, 22 September 2014)
Various authors

Allan Asher, 'Why handing NBN oversight to a new regulator is a recipe for failure' (The Conversation, 8 October 2014)

Damian Cahill, 'Harper review would reduce us from citizens to mere consumers' (The Conversation, 8 October 2014)

Julie Clarke, 'Why it's time to scrap price signalling laws' (The Conversation, 23 September 2014)

Allan Fels AO, Nick Taylor and Prudence Smith, 'Simplifying Australia's competition laws' (2014) 30(8&9) Competition and Consumer Law News 94

Dan Hunter, 'Harper’s competition review is good news for Netflix consumers' (The Conversation, 26 September 2014)

Chris Jose and Patrick Gay, 'The competition shake-up that needs to deliver' (Business Spectator, 23 September 2014)

Sanil Khatri, 'The Harper Review's proposed effects test for misuse of market power' (2014) 30(8&9) Competition and Consumer Law News 120

Stephen King, 'Helping the vulnerable: Harper to do a Hilmer on human services' (The Conversation, 27 October 2014)

Alexandra Merrett, 'Big business, market power and why we need more tst cases' (The Conversation, 23 September 2014)

Alexandra Merrett, 'Blow it up & start again: Harper on misuse of market power' (LinkedIN, 22 September 2014)

Alexandra Merrett, 'Getting Australia's house in order: Harper on competition governance & institutions' (LinkedIN, 6 October 2014)

Alexandra Merrett, 'Harper's booster shot for competition' (Business Spectator, 23 September 2014)

Alexandra Merrett, 'Hits & misses: Harper's business agenda' (LinkedIN, 24 September 2014)

Peter Sise, 'The Competition Policy Review releases its draft report' ' (2014) 30(8&9) Competition and Consumer Law News 110

Martyn Taylor, 'Harper review a chance for economic leadership' (AFR, 3 October 2014) (alternate source: Norton Rose Fulbright website)

Rachel Trindade, Rhonda L Smith, Alexandra Merrett, 'Building better mousetraps: Harper’s re-write of section 46' (October 2014) 20 The State of Competition

Philip L Williams, 'Notes on the proposed new s 46' (Discussion at Competition and Consumer Workshop, University of Adelaide, 11 October 2014)

Nigel Wilson, ‘Competition law in Australia under review - antitrust reforms in the age of Asia, ageing and the digital revolution’ (2015) 36(3) European Competition Law Review 132

Law firm commentary

Addisons

Laura Hartley, Sarah Andrews, 'Competition Review draft report clears the way for streamlined merger clearances and other exemption processes' (Addisons, 20 October 2014)

Allen & Overy

Peter McDonald, 'Antitrust in Australia: Where is it Heading?' (Allen & Overy, JD Supra, 24 September 2014)

Allens >< Linklaters

David Brewster and Phillip Williams, YouTube debate on proposed MMP provisions (8 October 2014)

 
 

Bartier Perry

Michael Cossetto and Danielle Daquino, Competition Shake Up (October 2014)

CBP lawyers

Stuart Hetherington, 'Competition Policy Review Draft Report makes recommendations concerning shipping industry' (23 September 2014)

Chapman Tripp

Daniel Street, 'Australia looks at new competition laws for powerful companies' (Chapman Tripp, Brief Counsel, 24 September 2014)

Clayton Utz

Adrian Kuti and Sophia Haq, 'Harper Competition Policy Review Draft Report released: a warning shot to big business?' (Clayton Utz Insights, 2 October 2014)

Corrs Chambers Westgarth

Ayman Guirguis, Jackie Mortensen, Asa Lam & Jessica Qiu , 'Competition law 'root & branch' review: Harper Draft Report released' (Corrs in Brief, 26 September 2014)

DLA Piper

Nicole Breschkin and Simon Uthmeyer, 'Competition and Regulation Update: October 7, 2014' (DLA Piper) (broader than Harper, but includes discussion of some Harper recommendations)

Gilbert + Tobin

Gilbert + Tobin, 'Competition Policy Review: An overview of the Draft Report'

Gilbert + Tobin, 'Competition Policy Review - Replacing the Price Signalling Laws with Concerted Practices - fit for purpose or a foreign concept?' (October 2014)

Gilbert + Tobin, 'Cutting through the "Harper Review" draft report - what does it mean for you?' (October 2014)

'Competition Policy Review - big business, small business and market power' (Gilbert + Tobin, September 2014)

Paula Gilardoni, 'Harper recommends defence to misuse of market power' (BRR Media update - Gilbert + Tobin' (30 September 2014) (audio with transcript)

Herbert Smith Freehills

Patrick Gay, 'Draft competition review meaningful and balanced' (BRR Media update, 23 September 2014 (2 min audio and transcript))

HopgoodGanim

BRR video interview with Brett Bolton on final Harper Recommendations (16 April 2016)

 

HWL Ebsworth

Competition Policy Reivew Draft Report Released - What's the effect? (HWL Ebsorth Lawyers, 24 September 2014)

King&Wood Mallesons

Caroline Coops, Lisa Huett, Peta Stevenson, 'Root and branch review bears fruit - Harper Review Draft Report released today' (Alert, 22 September 2014)

Daniella Phair, 'IP & Competition Law ... a match made in reform heaven?' (King&Wood Mallesons IP Whiteboard, 23 September 2014)

Peta Stevenson, 'Root and branch review of competition laws bears fruit' (King&Wood Mallesons, In Competition,22 September 2014)

Maddocks

'Competition policy: health, education and human services' (September 2014)

McCullough Robertson

Alex Hutchens, John Kettle, Paul McLachlan, 'Harper Review Draft Report: An appetite for reform' (The Handshake, 7 October 2014)

Minter Ellison

'Competition law overhaul - Harper Review leaves no stone unturned' (23 September 2014)

Piper Alderman

Competition and Consumer Law News (October 2014)

Thomson Geer

'Harper Review Draft Report - Opportunities for submissions' (Thomson Geer Lawyers, Competition Alert, September 2014)

Other organisations

Choice, 'Competition draft report delivers tool-kit for dismantling the Australia tax' (23 September 2014)

Consumer Action Law Centre, 'Competition Policy Review Draft Report welcomed, but panellists urged to consider consumer experience and protection' (Media release, 22 September 2014)

Pharmacy Guild of Australia, 'Draft recommendations bad for community pharmacy and patients' (Media release, 22 September 2014)

Responses and comment from political parties/independents

ALP

Chris Bowen, 'Labor's Approach to Competition Policy' (speech, 1 October 2014)

See also: David Crowe, 'ACCC's reform plan will chill market forces, Chris Bowen warns' (The Australian, 12 September 2014)

Andrew Leigh, 'The Harper review sets the right course' (Business Spectator, 16 October 2014)

LNP

Bruce Billson, 'Harper holds promise of greater competition' (The Australian, 30 March 2015)

Bruce Billson, 'What is the Harper Review' (YouTube video, 3 March 2015)

Bruce Billson - Speech to Competition Policy Review International Conference in Canberra (23 October 2014)

Bruce Billson, 'Government welcomes draft competition review' (Media Release, 22 September 2014)

Independent - Senator Nick Xenophon

AAP, 'Nick Xenephon criticises proposals to change community pharmacy sector' (video - The Guardian, 23 September 2014)

Media

Post-submissions on draft report (by date)

Sue Mitchell, '75pc of Australians want more competition for Coles and Woolworths, Masters Grocer survey shows' (AFR, 31 March 2015)

James Bennett, 'Harper Review to be released today; Federal Government commits to act on report' (ABC News, 31 March 2015)

Marianna Papadakis and Jacob Greber, 'Power plays by big companies under Harper review spotlight' (AFR, 30 March 2015)

Katie Walsh, 'Harper's competition a threat to public services: ACOSS' (AFR, 30 March 2015).

'Ian Harper competition policy review’s path to growth' (The Australian, 27 March 2015)

Joe Aston, 'Bruce Billson, Barnaby Joyce and lots of paper' (AFR, 26 March 2015)

Chanticleer, 'White papers to rain upon us like confetti' (AFR, 26 March 2015, page 56)

'Business eyes Harper competition review' (The Australian, 23 March 2015)

Adele Ferguson, 'Business awaits Ian Harper's report on competition policy' (AFR, 22 March 2015)

Katie Walsh: '"I'm an economist because public policy matters for people's lives": Ian Harper' (Australian Financial Review, 10 March 2015)

John Durie, 'Brickbats for Brickworks' (The Australian, 27 November 2014) (scroll down to 'Harper’s way' section)

Georgia Wilkins, 'ACCC warns on cartel law changes' (The Age, 27 November 2014)

'ADF calls for mandatory code' (The Australian Dairy Farmer, 26 November 2014)

Michael Roddan, 'Harper review would weaken cartel laws: ACCC' (Business Spectator, 26 November 2014)

Andrew White, 'Industry super slaps big bank bundling ' (The Australian, 25 November 2014)

'Minter Ellison announces general support of Harper Review draft report' (The Lawyer, 21 November 2014)

Pre-submissions on draft report

'Australia shouldn’t seek to emulate Fonterra, competition review finds' (The Weekly Times, 22 September 2014)

Fluer Anderson and Joanna Heath, 'Big win for competition' (AFR online, 23 September 2014)
Fluer Anderson and Joanna Health, 'Big win for competition' (Australian Financial Review, 23 September 2014, page 1)

Fluer Anderson, 'Joyce test for Harper shake-up' (The Land, 29 September 2014) (also AFR p 1)

Fluer Anderson, 'Opportunities aplenty if Harper competition recommendations implemented' (BRW, 23 September 2014)

Stephen Bartholomeusz, 'A lurking competition threat in the Harper review' (Business Spectator, 22 September 2014)

Colin Bettles, 'Lift GM restrictions, says Harper' (North Queensland Register, 10 October 2014)

Tim Binsted, 'Boral blasts Harper review' (The Australian Financial Review, 26 September 2014, page 15)

Chanticleer, 'Methinks they protest too much' (Australian Financial Review, 23 September 2014, page 48 and online)

Adam Creighton, 'Cheaper services to flow from federal competition reform' (The Australian, 23 September 2014)

Adam Creighton, 'Eliminate Waste? Start in Canberra' (The Australian, 26 September 2014)

Carolyn Cummins, 'Retail rents are growing but pharmacies report causes concern' (SMH, 26 September 2014)

Melissa Davey, 'Peter Dutton says pharmacy ownership and location laws should stay' (The Guardian, 23 September 2014)

Durie, 'Bruce Billson seeks to soothe supermarkets' concerns over agriculture green paper' (The Australian 23 October 2014)

John Durie, 'Harper Review backs key ACCC reforms' (The Australian, 22 September 2014)

Brendan Earle, 'I can own a hospital. So why can't I own a pharmacy?' (The Australian Financial Review, 26 September 2014 , page 39)

Editorial, 'Competition overhaul should be priority' (Courier-Mail, 24 September 2014)

Includes video interview with Stephen Bartholomeusz

Editorial, 'Finish the job on competition' (Australian Financial Review, 23 September 2014, page 46)

Craig Emerson, 'There are ill-effects in an effects test' (The Australian Financial Review, 30 September 2014, p 58)

Simon Evans, 'A dose of competition' (Australian Financial Review, 23 September 2014, page 40 (focus pharmacy and taxi sectors))

Misa Han, 'Cartel laws, blanket bans need overhaul' (The Australian Financial Review, 26 September 2014, page 32)

Robert Harley, 'Review has retail in sights' (The Australian Financial Review, 25 September 2014, page 50)

Madeleine Heffernan, 'Harper review brings hope for diluted ownership laws' (The Australian Financial Review, 29 September 2014, 29)

Annabel Hepworth, Adam Creighton, 'Freer market will boost growth' (The Australian, 24 September 2014)

Annabel Hepworth, 'Samuel cool on ACCC 'board'' (The Weekend Australian, 11 October 2014, Business 29) (online for subscribers only)

Jennifer Hewett, 'Harper's logic will not please all' (AFR, 23 September 2014)

Nigel Hunt, 'Change to competition laws may test ACCC' (The Australian Financial Review, 9 October 2014, page 25)

Gareth Hutchens, 'Labor Party opposes 'effect test' in Harper Review' (SMH, 2 October 2014)

Lucille Keen and Shaun Drummond, 'Taxis say law change will spell crisis' (Australian Financial Review, 23 September 2014, page 8)

Fran Kelly, 'Harper Review flags competition law shake-up' (ABC, RN Breakfast, 23 September 2014 (download audio - guest Ian Harper))

Joe Kelly, 'Local book industry concerned at proposed shake-up' (Dynamic Business, 29 September 2014)

Joe Kelly, 'New "effects test" to give a leg-up to SME's' (Dynamic Business, 22 September 2014)

Elizabeth Knight, 'Coles and Woolworths biggest losers from competition review' (SMH, 23 September 2014)

Jared Lynch, 'Call for changes to trading hours and pharmacy ownership in landmark competition review' (SMH, 22 September 2014)

Jared Lynch, 'Competition inquiry backs "effects test" laws to protect smaller business' (The Age, 22 September 2014)

Jared Lynch, 'Harper competition review puts consumer choice to the fore' (SMH, 27 September 2014)

Mitchell Neems, 'Pharmacy protection should be lifted: Harper review' (Business Spectator Data Room, 22 September 2014)

Ross Peake, 'Supabarn needs protection from Coles and Woolies' (Canberra Times, 26 September 2014)

Callum Pickering, 'Competition reform must address the elephant in the room' (BusinessSpectator, 23 September 2014)

David Ramli, 'Harper puts Telstra terms, pricing under scrutiny' (AFR, 22 September 2014)

Brian Robins, 'Harper review opens the door to tackling green activism' (SMH, 26 September 2014)

Michael Roddan, ACCC concerned over Harper competition review' (Business Spectator, 10 October 2014).

Michael Roddan, 'Deregulate outdated retail trading hours: Harper review ' (Business Spectator, 22 September 2014)

Leith van Onselen, 'Competition review targets rent-seeking pharmacies, taxis' (Business Spectator, 22 September 2014)

Jacob Saulwick, 'A broader system of road pricing could free up the jams in Melbourne and Sydney' (SMH, 28 September 2014)

Jessica Sier, 'Harper not in seller's good books' (The Australian Financial Review, 25 September 2014, page 4)

Judith Sloan, 'Harper competition review provides pointers to hitting growth target' (The Australian, 23 September 2014)

Paul Smith, 'Big tech questions unanswered in competition review' (AFR, 22 September 2014)

Paul Smith, 'Review lacks pathway for changes' (Australian Financial Review, 23 September 2014, page 23)

Julie-anne Sprague, 'Consumers face price hike if rules tighten' (Australian Financial Review, 23 September 2014, page 6)

Kevin Stanley, 'Harper Review calls for planning overhaul' (SMH, 26 September 2014)

Laura Tingle, 'Choice: the simple but radical idea in the Harper report' (AFR, 23 September 2014)
Laura Tingle, 'A simple but radical idea' (Australian Financial Review, 23 September 2014, page 7)

Cara Waters, 'Competition review released: Call to abolish restricted trading hours, limits on parallel imports and new competition policy body' (Smart Company, 22 September 2014)

Kate Walsh, 'Lawyers see green light for mergers in Harper review' (The Australian Financial Review, 30 September 2014, page 15)

Kate Walsh, 'Small business wins effects test' (Australian Financial Review, 23 September 2014, page 6)

Anne Wardelle, 'Interaction of Agricultural White Paper and the Harper Review' (Law Chat, 1 October 2014)

Shane Wright, 'Reboot economy with competition' (The West Australia, 22 September 2014)

Pre-release

Fluer Anderson, 'Competition review to open up health, education' (AFR, 22 September 2014, page 4)

Jared Lynch,'Competition effects test to take a back seat, says Samuel' (SMH, 22 September 2014)

Following issues paper

Released: 14 April 2014

 

Lucy Barbour, 'Push by farm lobby groups for 'effects test' in competition review leaves economists worried' (ABC Rural, 13 August 2014)

Michael Bennet, 'Smaller banks attack big four' (The Australian, 6 June 2014)

Lynda Dugdale, 'Career economist Ian Harper plots a way forward' (In the Black, 1 September 2014)

John Durie, 'Ian Harper's draft report will look at competition policy, the law and institutions like the ACCC' (The Australian, 9 September 2014)

John Dure, 'Harper spotlight to shine on ACCC' (8 September 2014)

John Durie, 'Self-interest rules in submissions to the competition review' (The Australian, 17 June 2014)

John Durie, 'Three key areas to help firms compete' (The Australian, 10 June 2014, page 17)

John Durie, 'Sims ready and willing to kick-start competition debate' (The Australian, 23 June 2014, p 4)

Allan Fels, Nicolas Taylor and Prudence Smith, 'Trim our bloated competition laws' (Australian Financial Review, 16 September 2014, page 47)

Annabel Heporth, 'We're paying 39pc more for downloads' (The Australian, 12 June 2014)

Nassim Khadem, 'Small business given promise' (Australian Financial Review, 8 August 2014)

Joanna Mather, 'Review to examine price gouging on technology' (Australian Financial Review, 14 April 2014)

Peter Martin, 'Standard of living key to competition review, says Professor Ian Harper' (15 April 2014, The Age)

Alexandra Merrett, Rachel Trindade and Rhonda Smith, 'The Harper Review: what they are talking about and how to join in' (The State of Competition, Issue 17, 15 May 2014).

Graeme Samuel and Stephen King, 'The effect of the ACCC's ambitions is dangerous' (AFR, 12 August 2014, page 47).

Mark Summerfield, 'Competition Law, Globalisation, Standards and Patent Pools' (7 June 2014, Patentology) (earlier version of article available from CCH; another version to form part of submission to review)

Martyn Taylor, 'Australia: the country may lead the world on competition reform - in Australia, a comprehensive reform of competition policy is taking place' (Lexology, 11 August 2014)

Jill Walker and Roger Featherston, 'ACCC's section 46 change is not anti-competitive' (The Australian Financial Review, 14 August 2014) (or for the paper version, Jill Walker and Roger Featherston, 'ACCC suggestion is far from novel and not anti-competitive' (AFR, 14 August 2014, page 55)

Law firm alerts and commentary

Kon Stellios (Allens >< Linklaters), 'Competition Policy "Root and Branch" Review Issues Paper Released' (Client update, 16 April 2014)

Gilbert+Tobin, 'Let the chips fly! Competition Policy Review releases its Issues Paper and Review Timetable' (April 2014)

Paul Schoff (Minter Ellison), 'Issues Paper on Competition Review offers CPR for Australian microeconbomic reform' (Minter Ellison Alert, 15 April 2014)

Before release of issues paper

Before 14 April 2014

 

Post-release of final terms of reference and panel details

Alex Merrett, 'An ambitious agenda for Harper’s competition review ' (The Conversation, 1 April 2014)

John Durie, 'Delay of competition policy review indicates reform-lite agenda' (The Australian, 27 March 2014)

John Durie, 'Ian Harper facing an uphill task with competition review' (The Australian, 27 March 2014)

Yolanda Redrup, 'Competition policy review launched, debate erupts over scope' (Smart Company, 28 March 2014)

Aoife Boothroyd, 'AFGC welcomes review of competition law' (Foodmagazine, 28 March 2014)

Editorial, 'Unleasing the forces of healthy, fair competition (The Australian, 28 March 2014)

Deloitte, 'Harper appointed to chair Competition Policy Review' (Deloitte press release, 27 March 2014)

BCA, 'Competition Review Terms of Reference and Panel Statement' (27 March 2014)

Law firm news regarding the review

ALLENS >< LINKLATERS: 'Client Update: Competition policy 'root and branch' review final terms of reference released' (1 April 2014)

ASHURST: Alice Muhlebach and Kate Wald, 'Federal Government kicks of 'root and branch' review of competition law and policy' (28 March 2014)

CORRS: Mark McCowan, Jackie Mortensen and Jessica Qiu, ''Root and Branch' Review Underway - Terms of Reference Released and Review Panel Appointed' (Corrs Chambers Westgarth, 28 March 2014)

CORRS: Thomas Jones and Jennifer Dean, 'Root and branch competition policy review - What does it mean for infrastructure?' (Mondaq, 8 April 2014)

GILBERT+TOBIN: Gina Cass-Gottlieb, Luke Woodward, Matt Rubinstein, Harper Review 2014 - Appointment of Review Panel and Final Terms of Reference (31 March 2014)

 

Post-release of draft terms of reference

Dr Martyn Taylor and Josh Buckland (Norton Rose Fulbright), 'The greatest Australian competition reforms in 20 years' (18 February 2014)

John Durie, 'PM lingers over competition review chief' (The Australian, 7 February 2014)

John Durie, 'Boffins lament lack of reform amid delays to competition policy review team' (The Australian, 8 March 2014)

Peta Stevenson, 'An olive branch to small business – Government releases its draft terms of reference for review of competition laws' (King & Wood Mallesons, 13 December 2013)

HWL Ebsworth, 'Draft terms of reference for competition policy revealed' (Friday 13 December 2013)

Herbert Smith Freehills, 'Government's "root and branch" review of competition policy' (9 January 2014)

 

Pre-release of draft terms of reference

Allens><Linklaters, 'Focus: Clear out the Dead Wood? A "Root and Branch" Review of Competition Law' (9 September 2013)

Andrew Burrell, Glenda Korporaal, 'Fred Hilmer backs competition audit' (The Australian, 6 December 2013)

Monash Business Policy Forum, 'Agenda for National Competition Policy Inquiry' (November 2013)

Peta Stevenson, 'Coalition to Uproot Competition Laws? (King & Wood Mallesons, In Competition, 9 September 2013)