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
Date Written: January 1, 2018
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
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