Section 46 of the Competition and Consumer Act: The Need for Change

Abstract

Section 46 of the Competition and Consumer Act 2010 (Cth) is concerned with the anti-competitive consequences of corporations who misuse their market power for an illegal purpose. This is a crucial provision because it aims to protect consumers, but it has been difficult to enforce. This article considers the way s 46 has been enforced by the Australian Competition and Consumer Commission over the years, and then proposes alterations to the provision to ensure that the section takes into account fair competition. The authors believe that such a move will enhance the application of s 46 and will therefore benefit the wider community.