Date: 1 September 2008
Author: Kathryn Edghill, Partner and Graham Maher, Partner

After much talk, a Bill to amend the Trade Practices Act has been tabled by the Federal Government.  The Bill seeks to amend the Act by, among other things, effectively repealing the so called “Birdsville amendments” which introduced a prohibition on predatory pricing by companies with a substantial market share, removing the monetary limit on transactions to which the prohibition on unconscionable conduct applies, and increasing the powers of the ACCC under section 155 to investigate suspected breaches of the Act after commencement of proceedings for injunctions.  Addisons’ competition partner, Graham Maher, addressed a Senate Economics Committee on the proposed amendments in August. The amendments now seem to have stalled with a number of minority party senators indicating they will oppose the Bill. 

For further information on the progress of the Bill and the implications of the amendments, if made, for your business, please contact Addisons’ competition partners Graham Maher or Kathryn Edghill.