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Discussion Paper – Meaning of 'Understanding' in the Trade Practices Act 1974


Thursday, 8 January 2009

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The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen MP, announced the release of a discussion paper entitled the 'Meaning of 'Understanding' in the Trade Practices Act 1974'.

This discussion paper seeks submissions from interested parties regarding the adequacy of the current interpretation of the term 'understanding' in section 45 of the Trade Practices Act 1974 (TPA) to capture anticompetitive conduct.

Section 45 of the TPA prohibits a corporation from making or giving effect to a provision of a contract, arrangement, or understanding that restricts dealings or substantially lessens competition.

Interested parties are invited to submit comments regarding the meaning and proof of 'understanding' in the TPA. While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please email responses in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment. A request made under the Freedom of Information Act 1982 (Commonwealth) for a submission marked 'confidential' to be made available will be determined in accordance with that Act.

Closing date for submissions: Tuesday, 31 March 2009

Address written submissions to:
Scott Rogers
Competition and Consumer Policy Division
The Treasury
Langton Crescent

Email: understanding@treasury.gov.au.

Fax: (02) 6263 3964

Documents Available:

Acrobat (PDF) documents

 Acrobat (PDF)

Discussion Paper – Meaning of 'Understanding' in the Trade Practices Act 1974  94.79kb

Microsoft Word (RTF) documents

 Microsoft Word (RTF)

Discussion Paper – Meaning of 'Understanding' in the Trade Practices Act 1974  85.63kb

Related Items:

Submissions: Discussion Paper – Meaning of 'Understanding' in the Trade Practices Act 1974 - 1/04/2009
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