Competition

“While we found that Coles may have an incentive to consolidate some of its milk volumes in the eastern states, this was unlikely to lead to a substantial lessening of competition,” Mr Keogh said.

“Coles will likely continue to face financial incentives to stock and support branded milk from other processors, due to the higher retail margins it earns on these products.”

In addition, the ACCC found that Coles’ commercial incentives to consolidate its milk supply would exist with or without the transaction due to the significant excess capacity at the Laverton and Erskine Park facilities.

Read More “[U]nlikely to result in a substantial lessening of competition”, ACCC Okays Coles Milk Plant Acquisitions

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The total penalties, ordered by the Federal Court, are the highest imposed for resale price maintenance in Australia. Resale price maintenance (also known as RPM) occurs when a supplier of goods specifies a minimum price below which a reseller must not supply, offer to supply, advertise, or display those goods for sale.

“The ACCC submitted to the Court that this level of penalty was appropriate given the seriousness, duration and extent of Techtronic’s conduct. It sends a strong signal to deter others from engaging in RPM, and should serve as a warning for all other businesses,” ACCC Deputy Chair Mick Keogh said.

Read More ACCC Applies Record Penalty for “seriousness, duration and extent” of Techtronic’s Retail Price Maintenance

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“The proposed coordination will increase AEMO’s ability to manage the scheduling of outages, providing greater security for the supply of electricity over the next two summer periods, which are forecast to be challenging,” ACCC Deputy Chair Mick Keogh said.

Due to concerns that this kind of coordination and information sharing between competitors can reduce competition in the supply of electricity and the acquisition of maintenance services as well as create information disparities within the broader electricity market, the ACCC has imposed a series of conditions for this authorisation.

Read More Coordination Within Electricity Industry Authorised

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The Proposed Conduct relates to the cooperation between Virgin Australia and Air NZ on trans-Tasman services (on routes that Virgin Australia does not operate), including the ability for Virgin Australia to codeshare on Air NZ operated services which contain pricing provisions that may otherwise trigger the prohibition against resale price maintenance. Cooperation on commercial arrangements between Virgin Australia and Air NZ in relation to frequent flyer programs, lounge access, and joint corporate customer offers are conditional upon these codeshare arrangements.

Closing date for submissions on interim authorisation is 18 December 2023.

Read More Consultation on Virgin Australia and Air New Zealand Trans-Tasman Services

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Digital platforms with significant market power can use practices like bundling or tying of products, pre-installation and default settings to limit customer choice or deter innovation from competitors.
“Australians increasingly use digital platforms for work, study and play and can benefit from their wide range of interconnected products and services. While the size and scale of digital platforms alone does not raise concern, there is a risk that this expansion may be driven by a desire from digital platforms to entrench or extend their market power,” Ms Cass-Gottlieb said.

Read More Expansion of Digital Platforms Demonstrates “critical need for regulatory reform”

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A few days ago, on November 20th 2023 the Albanese Government’s Competition Taskforce released a Consultation Review on Australia’s laws and practices surrounding mergers. Below is information from the Treasury website on the consultation paper as well as how to make a submission and what to include. The Treasurer has also issued a media release on the consultation which is available here. Submissions for the merger consultation paper close on January 19th 2024.

Read More Submissions Open for Consultation Paper on Merger Reform

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“The NBN is a critical piece of national infrastructure that is central to Australia’s digital economy. Every day, millions of Australians use the NBN for work, commerce, education and entertainment,” ACCC Commissioner Anna Brakey said.
“We are satisfied that NBN Co’s latest SAU variation proposal promotes the long-term interests of Australians, which is the primary objective of the test that we have to apply,” Ms Brakey said.

Read More ACCC Accepts New NBN Regulation