It Ain't Necessarily So: Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd and the Reasons for Reforming s 36 of the Commerce Act

  • Paul G Scott

Abstract

The Government has indicated it is going to amend s 36 of the Commerce Act 1986. Its reasons are that s 36 fails to capture sufficient anticompetitive conduct, is difficult and complex to apply and makes litigation unpredictable. The Government proposes a substantial lessening of competition test which it claims will capture more conduct, make analysis more straightforward and provide a source of Australian authority for New Zealand courts. This article uses an Australian Federal Court case, Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd, to show that the claims for reform are overstated and in some cases incorrect. It argues the foundations of the case for reform of s 36 are wobbly and infirm.

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Published
2020-09-01
How to Cite
SCOTT, Paul G. It Ain't Necessarily So: Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd and the Reasons for Reforming s 36 of the Commerce Act. Victoria University of Wellington Law Review, [S.l.], v. 51, n. 2, p. 265-294, sep. 2020. ISSN 1171-042X. Available at: <https://ojs.victoria.ac.nz/vuwlr/article/view/6571>. Date accessed: 21 sep. 2020. doi: https://doi.org/10.26686/vuwlr.v51i2.6571.