Abstract
This article reviews the politically most contentious recommendation of the Competition Policy Review Final Report. Section 46 of the Competition and Consumer Act 2010 (Cwlth), the abuse of market power provision, contains two additional requirements, compared to all other countries in the world, except New Zealand. To prove abuse of market power, it must be demonstrated that the behaviour had that purpose rather than simply having that effect. In addition, it must be proven that the firm with market power ‘took advantage’ of that power. The Final Report recommends removal of these two restrictions. The article also discusses the need to simplify the Act, which is far longer than comparable acts anywhere in the world. The Final Report also shortens drastically the provisions of section 46, giving it a sharper economic focus.
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