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Review of the Trade Practices Act 1974

Productivity Commission submission

This submission was released on 24 July 2002.

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  • Contents

Cover, Copyright, Foreword, Contents, Key Points, Overview

1   Introduction

2   The Role of Section 46 and Part IV

3   The Objectives of Section 46

4   Purpose Versus Effect in Section 46?
4.1   Conceptual issues in purpose versus effects tests
4.2   Does an effects test represent a real lowering of the threshold for action?
4.3   Is abuse of market power a growing problem?
4.4   The scope of regulatory error
4.5   The costs of additional regulation
4.6   Relevance to small business
4.7   Is an effects test better suited to high technology markets?
4.8   Does the proposal achieve consistency?
4.9 Conclusion

5   Cease and Desist Powers in Part IV
5.1   Conceptual concerns
5.2   Operational concerns
5.3   Conclusion

6   Enforcement Issues
6.1   Higher penalties?
6.2   Criminal sanctions?
6.3   Corporate and individual amnesty
6.4   Conclusion

7   Mergers
7.1   Increasing the merger threshold
7.2   Merger regulation and firms locating offshore


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