Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner)

1Sitesh Bhojani, Barrister & Consultant

Sitesh Bhojani, Barrister & Consultant Sitesh Bhojani, Barrister & Consultant

(former ACCC Commissioner)(former ACCC Commissioner)

CUTS International &Vietnam Competition Administration

Department (VCAD), Ministry of Trade, Vietnam Present:

Creating A Competition Culture the Australian Experience with a National

Competition Policy

Hanoi, Vietnam – 16 & 17 August 2005


NCP - Created by Council of Australian Governments CoAG


National Competition PolicyNational Competition Policy

6 Elements6 Elements:: Universal application of Universal application of TPATPA Legislation ReviewLegislation Review Competitive NeutralityCompetitive Neutrality Access to Essential FacilitiesAccess to Essential Facilities Reform of Public Monopolies Reform of Public Monopolies Prices OversightPrices Oversight


Overall Policy Objective - Overall Policy Objective - TPA s 2TPA s 2

“...to enhance the welfareof Australians through the promotion of competition and fair trading and provision for consumer protection”

AustraliaAustralia


Promoting Competition - Part IIIA Promoting Competition - Part IIIA access to essential facilities and Part IV access to essential facilities and Part IV

prohibiting restrictive trade practicesprohibiting restrictive trade practices


Ensuring fair trading and safeguarding Ensuring fair trading and safeguarding consumers - consumers - TPATPA

Part IVA; Part IVB; Part V & Part VAPart IVA; Part IVB; Part V & Part VA


Mechanisms to allow anti- Mechanisms to allow anti- competitive conduct (at risk of competitive conduct (at risk of

breaching Part IV) to continue with breaching Part IV) to continue with legal immunity - Part VII & Part IXlegal immunity - Part VII & Part IX


TPA and the Education Sector – TPA and the Education Sector – TAFE Colleges and Price FixingTAFE Colleges and Price Fixing

ACCC v REIWA


Action against University under TPAAction against University under TPA

Joseph v La Trobe University [2004] FCA 746


Recent Notification under the Recent Notification under the TPATPA

James Cook University James Cook University – Nth Queensland– Nth Queensland

Lodged a Lodged a Notification for Notification for Exclusive Dealing Exclusive Dealing conductconduct

ACCC Decision ACCC Decision 30/04/2003 allowed 30/04/2003 allowed notification to standnotification to stand


Recent Authorisation under the TPA

ACCC Determination

30 June 2003


Legislation ReviewsLegislation Reviews


Competitive Neutrality Competitive Neutrality The Level Playing Field?The Level Playing Field?


International Consumer Protection International Consumer Protection issues - ICPEN; the ACCC; and the issues - ICPEN; the ACCC; and the

Trade Practices ActTrade Practices Act


ICPEN Member Countries

Australia Austria Belgium Canada Czech Republic Denmark European Commission

Finland France Germany Greece Hungary

Portugal Slovak Republic Spain Sweden USASwitzerland UK

Ireland Italy J apan

Republic of Korea Latvia Luxembourg M alta M exico Netherlands

Poland

New Zealand Norway

Estonia


ICPEN activities & initiatives…ICPEN activities & initiatives…


ICPEN activities & initiatives…ICPEN activities & initiatives…Annual Internet Sweeps

WWW


In Conclusion…In Conclusion…

Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner)

Documents

Transcript of Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner)