The Australian Government’s Competition Policy Review - Essay Writing Law Assignment Help

Assignment Task:

Option 1: 

Harper Review 

The Australian government’s Competition Policy Review (widely known as the Harper Review) undertook a comprehensive review of Australia’s competition laws.

Amongst many recommendations were recommendation 30: 

ii.  Recommendation 30, misuse of market power: reframing s 46 to prohibit a corporation with a substantial degree of market power from engaging in conduct that had the purpose, effect, or likely effect of substantially lessening competition. In particular, that it no longer be necessary to show the corporation ‘took advantage’ of its substantial market power for a proscribed purpose. 

If Recommendation 30 is selected The Government has at least partially implemented the Recommendation. Critically analyse and discuss: 

a. what issues caused the Harper Review to make this Recommendation; and  

b. whether the reform, as implemented by the Government, was an appropriate response to those issues. For instance, should the CCA be improved or altered in some way to further address the issues giving rise to the Recommendation, or to fix potentially unintended negative consequences from the changes made? If either Recommendation 24 or 33 is selected The Government has not substantially implemented either Recommendation. Analyse and discuss: a. what issues caused the Harper Review to make its Recommendation; and b. whether the Recommendation ought to have been implemented, and if so, whether in the form contained in the Harper Review, or in some different form.

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