NCJ Number
139153
Date Published
1992
Length
30 pages
Annotation
This report addresses the best means to ensure that the principles of Part IV of Australia's Trade Practices Act of 1974 apply to all relevant transactions in Victoria, despite the lack of Commonwealth power to cover the whole field.
Abstract
The main sections of Part IV deal with agreements and arrangements that are anti-competitive, misuse of market power, anti-competitive exclusive dealing, resale price maintenance, anti-competitive price discrimination, and mergers that result in or enhance market dominance. Because the Commonwealth Act is limited in its effect by reason of the Federal Constitution, some economic activity within Victoria is not subject to pro-competition regulation. In addition to the constitutional limitations, the act limits its own operation. In particular, paragraph 51(1)(b) of the act exempts certain activities authorized under State acts. Also, some government authorities and business activities are protected from the reach of the act by the "shield of the Crown." The Victoria Law Reform Commission recommends in this report that Parliament enact legislation to overcome the limitations on the operation of the restrictive trade practices provisions of the Commonwealth Act caused by the Federal Constitution and paragraph 51(1)(b) of the act. It advises that this recommendation should be implemented in a way that applies the Commonwealth Act immediately to unincorporated persons, the professions, and competitive Government Trading Enterprises. Other sectors currently exempt should be brought under the Commonwealth Act after 3 years. Appended Draft Trade Practices (Application) Act for 1992 and 21 footnotes