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The Commerce Act review announced by Commerce and Consumer Affairs Minister Andrew Bayly yesterday will focus on Parts 2 and 3 of the Act, with a particular focus on the merger settings.
Submissions are due to the Ministry of Business, Innovation and Employment (MBIE) by 5pm 7 February 2025. The Government is also reviewing the governance and effectiveness of the Commerce Commission.
The Minister said it was a good time to take stock, given that Australia is also making changes to its competition regime and the rapid growth in recent times of the Commerce Commission’s regulatory responsibilities.
Review scope
MBIE is seeking feedback on 30 questions in relation to the Commerce Act, across three main topics.
Reviewing the merger control regime:
- the ‘substantial lessening of competition’ test
- the ‘substantial degree of influence’ test
- the treatment of ‘assets of a business’
- mergers outside the clearance process, and
- whether the Commission should be able to accept behavioural undertakings.
Modernising tools to address anti-competitive conduct:
- options to facilitate beneficial collaboration, and
- whether the Commerce Act adequately deters anti-competitive concerted practices.
A potential new industry rule-making power and other matters:
- allowing for Industry Codes or Rules to be prescribed in the Commerce Act
- modernising court injunction powers to allow the court to set performance requirements
- protecting confidential information, and
- minor and technical amendments to the Commerce Act.
Next steps
If you would like more information or assistance with preparing a submission, please get in touch with one of our experts.
