Sentences with phrase «substantial market power»

No other comparable jurisdiction has a merger law based on substantial market power.
A prohibition on corporations with substantial market power engaging in conduct with the purpose or effect of substantially lessening competition would draw on established jurisprudence and competition policy.
In particular, he thinks substantial market power in the rest of s 46 should be replaced with substantial market share (used in the Birdsville provision).
International comparisons are fraught with difficulty, but it is worth noting the US Federal Trade Commission, in its submission to the Harper review, describes the US monopolisation test as a combination of substantial market power and substantial lessening of competition.
Option 3 4.87 Option 3 (canvassed in the Government's first discussion paper) would supplement the existing substantial lessening of competition test in section 50 with a provision that would prohibit a firm with substantial market power from making an acquisition that would result in any lessening of competition in that market.
The ACCC is suggesting (as in Europe) if a corporation with substantial market power acts anti-competitively, that should be enough, provided it constitutes a «substantial lessening of competition».
Interpretation of these words has been tortuous, involving convoluted counterfactual worlds lacking substantial market power, disembodied from a proper consideration of the competitive impact of the conduct.
Option 4: Amending section 50 to add an additional prohibition, so that section 50 also prohibits a corporation with existing substantial market power from making an acquisition if the acquisition would result in an enhancement of its market power in that market.
(b) acquire any assets of a person; if the acquisition would have the effect, or be likely to have the effect, of enhancing that corporation's substantial market power in that market.»
The review's draft report, released in September, proposed section 46 of the Competition and Consumer Act be reframed to stop companies with substantial market power from engaging in conduct that was likely to substantially lessen competition.
4.90 If firms with substantial market power were effectively prevented from acquiring small firms, this would affect the ability of smaller businesses to realise a reasonable price for their business when seeking to exit the industry.
«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.»
In addition, the ACCC is seeking to address the difficulties inherent in the current requirement a corporation must «take advantage» of its substantial market power.
4.89 It is possible for legitimate pro-competitive acquisitions to result in some lessening of competition while still yielding net benefits to consumers, and where a firm was declared to have substantial market power, this model would prohibit those.
For example, firms with substantial market power would be prohibited from acquiring small firms in unrelated markets, or expanding organically through acquisition of assets, where this results in a lessening of competition, even if the acquisition would be efficiency enhancing and result in a net benefit to consumers.
In the extreme, this model could create a de facto market share cap, leading to a perverse outcome in which firms with substantial market power are prevented from innovating or achieving economies of scale, or in some cases, merging at all.
This option also has the potential to increase legal costs for firms in establishing whether they possess substantial market power, as in the ordinary commercial environment it may not be immediately obvious to a firm whether it has such power in the first place, nor whether a proposed acquisition would move that firm into such a position.
Finally, on a pure process level, I am wary of a world without agents or publishers: that would mean that you have large booksellers, who have substantial market power, dealing with authors directly, the vast majority of whom do not have any substantial market power, and where there are antitrust issues that may arise from collective action.
If only professional buyers make (accurate) life cycle calculations, the supplier may still have substantial market power in the aftermarket vis - à - vis private customers.
To the latter I would also add the disappointing and much - criticised judgment of the Court in Commerce Commission v Telecom Corp New Zealand Ltd [the 0867 case], in which the Court considered whether it was always necessary to adopt a counterfactual analysis in cases where the issue was whether a firm with substantial market power had used that power for an anti-competitive purpose in a market.
Officials with the Toronto Real Estate Board are expected to appear before a Competition Tribunal Monday to respond to allegations that the trade association is abusing its «substantial market power» and hurting consumers.
«TREB has abused, and continues to abuse, its substantial market power and control of relevant markets to reduce competition and protect its member brokers» interests at the expense of consumers,» says Gregory Vistnes, a vice president with Washington - based consulting firm Charles River Associates in a 189 - page report filed as part of the complex case.
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