Commerce Amendment Bill - Amendment paper No 093
Commerce Amendment Bill - Amendment paper No 093
Checking for alerts... Loading...
Commerce Amendment Bill - Amendment paper No 093
No 93
House of Representatives
Supplementary Order Paper
Tuesday, 9 November 2021
Commerce Amendment Bill
Proposed amendments
Hon Todd McClay, in Committee, to move the following amendments:
Clause 14
In clause 14, new section 36, after subsection (2) (page 8, after line 12), insert:
(3)
Nothing in this section applies to any conduct carried out by a person where that person can demonstrate that:
(a)
it engaged in the conduct for the dominant purpose of protecting a legitimate business interest; and
(b)
the conduct was reasonably necessary to protect that legitimate business interest.
In clause 14, new section 36A, after subsection (5) (page 9, after line 4), insert:
(6)
Nothing in this section applies to any conduct carried out by a person where that person can demonstrate that:
(a)
it engaged in the conduct for the dominant purpose of protecting a legitimate business interest; and
(b)
the conduct was reasonably necessary to protect that legitimate business interest.
Explanatory note
The new effects test in this bill could unintentionally capture normal commercial conduct, including commonplace actions and conduct that credibly protects the dominant firm’s business interests. The legitimate business conduct defence proposed by this Supplementary Order Paper is consistent with international precedents, and aligns with the bill’s intent to prohibit anti-competitive conduct while reducing uncertainty and risk for routine business actions.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Commerce Amendment Bill - Amendment paper No 093
RSS feed link copied, you can now paste this link into your feed reader.