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Business Articles Awards > Unilateral Conduct

Misuse of market power prohibition broadened

Claire Forster, Nick McHugh, Norton Rose Fulbright Publication, October 19, 2017

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On 6 November 2017, changes to section 46 of the Competition and Consumer Act 2010 (Act) became effective.

The new section 46 prohibits a business with a substantial degree of market power from engaging in conduct that has the purpose, effect or likely effect of substantially lessening competition. A comparison of the new and old section 46 is in section 4 of this briefing. Penalties can exceed $10 million per contravention.1

Numerous other significant changes to the Act commenced at the same time.

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