Law Council of Australia

Business Law Section

Response to Treasury Proposal Paper: A New Digital Competition Regime

This submission concerning the proposed new digital competition regime is made by the Competition and Consumer Committee of the Business Law Section of the Law Council of Australia (the Committee).

The Committee welcomes the opportunity to respond to the Treasury’s December 2024 Consultation Paper, titled
A new digital competition regime.

In responding to the Consultation Paper, the Committee recognises the policy position which has been taken that a new digital competition regime is required. Accordingly, this submission does not take issue with that position. The focus of this submission is on the structure and operation of the proposed regime as set out in the Consultation Paper.

Australian competition laws were initially underpinned by broad principles-based obligations with more specific and detailed obligations introduced over time, including sector-specific rules. With sector-specific legislation contemplated under the proposed competition regime, it would be desirable for these provisions to follow, where possible, the broad architecture of existing Australian competition law.

The proposed digital competition provisions contemplate the introduction of broad obligations on digital platforms. In the Committee’s view it would be highly desirable for such obligations to reinforce rather than disrupt the existing, fundamental legal and economic architecture of the Competition and Consumer Act 2010.

Read the full submission below.

Last Updated on 27/02/2025

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