Section 46(1) of the Competition and Consumer Act 2010 (Cth) has recently been significantly overhauled. Australian Competition and Consumer Commission v Tasmanian Ports Corporation Pty Ltd [2021] FCA 482 was the first case applying the new version of the section. The new section prohibits a corporation from engaging in conduct that would have the purpose, effect or likely effect of substantially lessening competition in a market in the corporation competes if the corporation also has substantial market power in that market or another market.
Michael Hodge QC who appeared for TasPorts has authored ‘Declaratory Relief Concerning Misuse of Market Power Confirmed as Appropriate in Interest of Justice’ which summarises the case background and implications of the judgment, with particular focus on the declaratory relief granted and public interest.
