Abstract

AbstractAustralia has been active with regard to competition law in the digital economy, with the Australian Competition and Consumer Commission (ACCC) entrusted to lead and overview several inquiries. This inquiry boom commenced with the ACCC being directed by the Treasurer to conduct a Digital Platforms Inquiry (DPI) on the 4th of December 2017. The 23 recommendations in the DPI Final Report span competition, consumer, privacy and data protection issues and have potentially broader implications than digital platform regulations per se. At this juncture, the ACCC appears well placed to deal with competition law issues arising in the digital space. Although the matters the ACCC is entrusted to deal with are broad, the ACCC’s powers are limited by the common law approach, where only the court can find infringements. In that regard, it is obvious that there is a lack of competition law cases to make any conclusions regarding the effectiveness of Australian competition law in the digital economy, as it is something that is still due to be tested by the courts.

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