The Antitrust Bulletin, Volume 65, Issue 2, June 2020, Pages 282-296


Rod Sims and Graeme Woodbridge


The ACCC is of the view that business conduct is likely to be anticompetitive if it interferes with the process of competition and harms trading parties on the other side of the market, or is likely to do so. The ACCC places great significance on these two issues to develop, test and establish theories of harm to competition. While this is the case, the ACCC is of the view that it is not necessary to precisely quantify the degree of harm to establish that conduct is anticompetitive. Imposing such a requirement risks under-enforcement of competition laws. 


Read the full article.