Competition and Consumer Law: A Brave New World 2017

Topics

• Concerted Practices: And now for Something Completely Different
  • The concept of concerted practices in Europe
  • Proposed new prohibition on concerted practices that have the purpose or effect of substantially lessening competition
  • Potential practical implications in Australia
• Misuse of Market Power: Section 46
  • Uncertainties around the application of the `effects` test
  • Losing the connection between market power and conduct
  • ACCC enforcement and priorities
• Merger Reviews and Authorisations
  • Tribunal authorisations
  • Recent trends in ACCC merger analysis
  • Harper Reforms: the practical implications
• Cartel Conduct and the Joint Venture Exception
  • The increased scope of the joint venture exception
  • Limitations of the exception prior to the Harper amendments
  • The vertical restraint exception to cartel conduct
  • Requirements to qualify for the joint venture exception