Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 151AKA

Particular anti - competitive conduct

  (1)   The Commission may issue a written notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in a specified instance of anti - competitive conduct.

Kind of anti - competitive conduct

  (2)   The Commission may issue a written notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in at least one instance of anti - competitive conduct of a kind described in the notice.

Part A competition notice

  (3)   A notice under subsection   (1) or (2) is to be known as a Part A competition notice .

Part A competition notices under subsection   (2)

  (4)   For the purposes of this Part, a kind of anti - competitive conduct described in a Part A competition notice under subsection   (2) is taken to be conduct of a kind dealt with in the notice.

  (5)   To avoid doubt, a Part A competition notice under subsection   (2) is not required to specify any instance of anti - competitive conduct.

  (6)   In deciding how to describe a kind of anti - competitive conduct in a Part A competition notice under subsection   (2), the Commission may have regard to:

  (a)   whether the carrier or carriage service provider concerned could, by varying its conduct, continue to engage in anti - competitive conduct and avoid proceedings against it under one or more provisions of Division   7; and

  (b)   any other matters that the Commission thinks are relevant.

Threshold for issuing Part A competition notices

  (7)   The Commission may issue a Part A competition notice under subsection   (1) that specifies an instance of anti - competitive conduct if the Commission has reason to believe that the carrier or carriage service provider concerned has engaged, or is engaging, in that instance of anti - competitive conduct.

  (8)   The Commission may issue a Part A competition notice under subsection   (2) that describes a kind of anti - competitive conduct if the Commission has reason to believe that the carrier or carriage service provider concerned has engaged, or is engaging, in at least one instance of anti - competitive conduct of that kind.

Procedural fairness

  (9)   The Commission is not required to observe any requirements of procedural fairness in relation to the issue of a Part A competition notice.

Note:   For the effect of a Part A competition notice, see subsections   151BY(3), 151CB(3), 151CC(3) and 151CE(5).