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Competition and Consumer (Division 2: Other Conducts (Boycotts (Primary,…
Competition and Consumer
S45 Elements
Contract or Arrangement or Understanding
Engage with one or more persons in a concerted practice
(New)
Subjective
Intention of parties
Objective
Likely effect of the action on market
Substantially Lessen Competition
4 Step Approach
Outbound Marine Australia v Hecar Investments
What market
Extent of competition
Likely effect of conduct
Effect of substantially lessening competition?
Division1: Cartel Conduct
Types of Provision
Price fixing
Restricting outputs
Allocating customers
Bid-rigging
Division 2: Other Conducts
Anti-Competitive Conduct
Boycotts
Primary
Secondary
Misuse of Market Power (New)
s46:
Damaging competitor
Preventing entry
Competitive conduct
Exclusive Dealing
Resale Price Maintenance
Mergers