Telecommunications competition law amendments
Government today announced new legislation will be introduced to repeal the
telecommunications-specific anti-competitive conduct laws of the Competition
and Consumer Act 2010.
follow the Government’s decision to strengthen the general misuse of market
power law in section 46.
telecommunications sector-specific anti-competitive conduct rules are set out
in Divisions 2 and 3 of Part XIB of the Act. With some key elements of the Part
XIB rules now being reflected in the proposed changes to section 46, it is an
appropriate time to repeal the Part XIB rules and streamline regulation for the
Part XIB was
introduced in 1997 to support the development of competition in the
telecommunications sector. The rules were always intended to be transitional,
supplementing general competition law until competition grew and general
competition law could apply.
telecommunications sector has changed significantly in the past 20 years and
competition is much further advanced than it was at that time.
is confident that broader competition law will be effective in preventing
anti-competitive conduct in the telecommunications sector.
the ACCC continues to have several other regulatory mechanisms available under
the access regime in Part XIC of the same Act and Telstra structural separation
arrangements to address issues that may arise.
Review of Australian competition law supported the consequential repeal of
Divisions 2 and 3 if section 46 is amended as proposed. The Australian
Competition and Consumer Commission also supports repeal of the provisions.
follows the Government’s consultation process on the future operation of
telecommunications laws in Part XIB in light of the changes to section 46 and
consideration of submissions. These
can be found at www.communications.gov.au/have-your-say/consultation-telecommunications-anti-competitive-conduct-laws