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Consumer Action Law Centre publish Galexia's Trade Practices Act Public Benefit Report - September 2007
The Consumer Action Law Centre (CALC) has now published the Galexia-written report focussing on defining the ‘public benefit’ in Part VII of the Trade Practices Act 1974 (Cth). It was completed as part of a project to identify weaknesses in the way in which the public benefit test is currently applied under the Act and to propose solutions that will ensure that consumers receive the protections they require when reductions in competition through mergers, acquisitions and collusions are considered. The report has a particular focus on the potential inclusion of social and environmental considerations in the public benefit test.
Part VII of the Trade Practices Act 1974 acknowledges that there are circumstances in which anti-competitive conduct will be permissible - where the detriment caused by the conduct is outweighed by other benefits to the public. The report examines the application of the public benefit test in both theory and practice, and makes recommendations aimed at improving consideration of the public benefit in authorisations.