Competitive Neutrality in Australia: Opportunity for Policy Development

(2018) 25 Competition & Consumer Law Journal 223

UNSW Law Research Series No. 21-15

27 Pages Posted: 15 Oct 2020 Last revised: 10 Feb 2021

See all articles by Deborah Healey

Deborah Healey

University of New South Wales (UNSW) - Faculty of Law

Rhonda L. Smith

University of Melbourne - Department of Economics

Date Written: January 1, 2018

Abstract

For competition to be effective in markets where government businesses compete with privately owned businesses, there must be a level playing field. A policy of competitive neutrality aims to ensure this. The article begins by briefly discussing the approach to competitive neutrality in the United States and the European Union to provide context for, and as a contrast to, the Australian approach. Then the origins and implementation of Australia’s competitive neutrality arrangements and the experience to date are explained and discussed. Using a real-life example, the utility of the current policy is considered, raising several issues of concern, and suggestions are made to address these. Finally, some conclusions are drawn about the current state of competitive neutrality policy in Australia.

Keywords: Competition policy, Competitive Neutrality, Australia, Policy recommendations, US, EU

Suggested Citation

Healey, Deborah and Smith, Rhonda L., Competitive Neutrality in Australia: Opportunity for Policy Development (January 1, 2018). (2018) 25 Competition & Consumer Law Journal 223, UNSW Law Research Series No. 21-15, Available at SSRN: https://ssrn.com/abstract=3709147

Deborah Healey (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Rhonda L. Smith

University of Melbourne - Department of Economics ( email )

Victoria 3010, 3010
Australia

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