ACCC Chairman Rod Sims. Photo: www.smh.com.au

ACCC Chairman Rod Sims. Photo: www.smh.com.au

Boss of the Australian Competition and Consumers Commission (ACCC) Rod Sims, told a private function in Brisbane last night that his bureau is seeking to reword the Act governing exclusionary behavior in the marketplace.

“We do not seek to protect the inefficient and the uncompetitive,” he told the assembled business men and women, “whatever their size or market position.”

“We do not want to protect those with established market power from efficient and innovative challenger firms; neither do we seek to protect smaller firms that are unable to compete on their merits.”

“If Hawthorn, currently a strong team for those unfortunate people who do not follow AFL, were playing Melbourne, currently not so strong, the umpire would never seek to step in to avoid the obvious outcome. Let the competition occur on its merits.”

Mr Sims continued, “Our various proposals to change Section 46 are in essence not aimed at what happens on the playing field, but instead seek to address exclusionary behaviour akin to when one team, with substantial market power, has locked the other in their change rooms and is seeking to win by default.”

Mr Sims said that the act as it stands now does not affect this. The ACCC has found examples of anti-competitive behavior wherein companies have bought up all available and to restrict the supply of essential materials to competitors.

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