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Submission to Senate Inquiry

The Council of Small Business Australia recently made a submission to the Senate Economics Legislation Committee Inquiry into the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016.

The key points from our submission are:

  • Certain wording within the Bill has concerned COSBOA members and we believe that sections of the Bill may result in court challenges.

  • The potential for divestiture of offending businesses should be examined by the ACCC as a policy approach that could enhance operating practices.

  • We remain concerned by the Federal Court’s recent ruling on Woolworths in relation to unconscionable conduct and the impact this may have on small business people.

  • Proposals in the 2015 Competition Review do not go far enough in supporting Australian small business people and there should be an ongoing discussion in relation to improving this.

  • The ACCC must be provided with increased capacity to manage competition.

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