Draft objection to Harness Racing Victoria notification
The Australian Competition and Consumer Commission has issued a draft notice proposing to revoke a notification* lodged by Harness Racing Victoria.
Under the proposal, six bookmakers** will pay HRV for information about Victorian harness race fields and HRV will offer a rebate on any 'layoffs' or 'bet-backs'*** placed by these bookmakers with the Victorian TAB (Tabcorp) on Australian harness races.
HRV told the ACCC that the Victorian harness racing industry will benefit from increased funds through a joint venture with Tabcorp and that the bookmakers will get reduced fees.
"The ACCC accepts that HRV's rebate may reduce the bookmakers' fees but is concerned the rebate may distort the bookmakers' choices as to where they place their bet-backs", ACCC Chairman, Mr Graeme Samuel, said.
"HRV's proposal will benefit the Victorian harness racing industry as the revenue pool from which HRV shares funding through its Tabcorp joint venture arrangement will rise. However, the ACCC considers that this benefit is at the expense of funds which may have been received by racing industries in other states and territories.
"Based on the information currently available, the ACCC is not satisfied that HRV's proposal results in a net public benefit."
The ACCC is seeking submissions from HRV and interested parties on the issues raised in the draft notice to assist the ACCC decide whether or not a final notice revoking the notification should be issued.
Copies of the draft notice are available on the ACCC's website. Submissions can be made to: The General Manager, Adjudication Branch, Australian Competition and Consumer Commission, GPO Box 3131, Canberra, ACT 2601. Submissions can also be lodged by email to adjudication@accc.gov.au.
*Businesses may obtain protection in relation to conduct that might be at risk of breaching the exclusive dealing provisions of the Trade Practices Act 1974 by lodging a notification with the ACCC. Once lodged, protection for the notified conduct commences automatically, or in the case of third line forcing, after 14 days. The ACCC may revoke a third line forcing notification if it is satisfied that the likely benefit to the public from the conduct will not outweigh the likely detriment to the public from the conduct. Prior to issuing a notice to revoke a notification, the ACCC must issue a draft notice setting out its reasons for proposing to revoke the notification.
** Centrebet Racing Pty Ltd, CentreRacing, International All Sports Limited, Sportingbet Australia Pty Ltd, Sportsbet Pty Ltd and Sports Acumen Pty Ltd.
***A bet-back is placed by a wagering service provider to spread the risk of their loss on a race.
