Abstract
This dissertation conducts a critical assessment of the 2022 amendment to s 36, the misuse of market power section, of the Commerce Act 1986. It argues that the new substantial lessening of competition (SLC) standard is a welcome reprieve from the previous s 36. This is because it focuses directly on the effect of the conduct and in doing so provides a useful tool to capture and deter anti-competitive conduct. However, there are issues with the section. It does not adequately distinguish between a lessening of competition resulting from ‘competition on its merits’ or ‘legitimate business conduct’ and a lessening resulting from illegitimate competitive behaviour. Furthermore, it creates uncertainty for firms who wish to comply with the section ex-ante.