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Trade Practices Act 1974
The ''Competition and Consumer Act 2010'' (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the ''Trade Practices Act 1974'' (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act. Application of Act The Competition and Consumer Act (CCA) is an act of the Parliament of Australia and so its application is limited by section 51 of the Australian Constitution, which sets out the division of powers between the federal and state parliaments. As a result, most of the CCA is drafted to apply only to corpora ...
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Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ...
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Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. Entities ...
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Communications In Australia
Telecommunications in Australia refers to communication in Australia through electronic means, using devices such as telephone, television, radio or computer, and services such as the telephony and broadband networks. Telecommunications have always been important in Australia given the "tyranny of distance" with a dispersed population. Governments have driven telecommunication development and have a key role in its regulation. History Colonial period Prior to Federation of Australia in 1901, each of the six Australian colonies had its own telephony communications network. The Australian networks were government assets operating under colonial legislation modelled on that of Britain. The UK Telegraph Act 1868 for example empowered the Postmaster-General to "acquire, maintain and work electric telegraphs" and foreshadowed the 1870 nationalisation of competing British telegraph companies. Australia's first telephone service (connecting the Melbourne and South Melbourne offices ...
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Optus
Singtel Optus Pty Limited is an Australian Telecommunications in Australia, telecommunications company headquartered in Macquarie Park, a suburb in the Northern Sydney region of Sydney, New South Wales, Australia. It is a wholly owned subsidiary of Singaporean telecommunications company Singtel. Optus is the second-largest telecommunications company in Australia, with over 11 million customers as of 2023. Its mobile network covers 98.5% of the Australian population, with plans to cover 100% of Australia by 2025 through its partnership with SpaceX. History AUSSAT and deregulation (1981–1990) Optus can trace its beginnings back to the formation of the Government-owned AUSSAT Pty Limited in 1981. In 1982, Aussat selected the Hughes 376 for their initial satellites, with the first, AUSSAT A1, launched in August 1985. AUSSAT satellites were used for both military and civilian satellite communications, and delivering television services to remote outback communities. With Aussat ...
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Telstra
Telstra Group Limited is an Australian telecommunications company that builds and operates telecommunications networks and markets related products and services. It is a member of the S&P/ASX 20 stock index, and is Australia's largest telecommunications company by market share. Telstra has a long history in Australia, originating together with Australia Post as the Postmaster-General's Department upon Federation of Australia, federation in 1901. Telstra had transitioned from a state-owned enterprise to a fully Privatization, privatised company by 2006. History Australia's telecommunications services were originally controlled by the Postmaster-General's Department (PMG), formed in 1901 as a result of Australian Federation. Prior to 1901, telecommunications were administered by each colony. On 1 July 1975, separate commissions were established by statute to replace the PMG. Responsibility for postal services was transferred to the Australian Postal Commission (Australia Pos ...
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Mergers And Acquisitions
Mergers and acquisitions (M&A) are business transactions in which the ownership of a company, business organization, or one of their operating units is transferred to or consolidated with another entity. They may happen through direct absorption, a merger, a tender offer or a hostile takeover. As an aspect of strategic management, M&A can allow enterprises to grow or downsize, and change the nature of their business or competitive position. Technically, a is the legal consolidation of two business entities into one, whereas an occurs when one entity takes ownership of another entity's share capital, equity interests or assets. From a legal and financial point of view, both mergers and acquisitions generally result in the consolidation of assets and liabilities under one entity, and the distinction between the two is not always clear. Most countries require mergers and acquisitions to comply with antitrust or competition law. In the United States, for example, the Cl ...
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Resale Price Maintenance
Resale price maintenance (RPM) or, occasionally, retail price maintenance is the practice whereby a manufacturer and its distribution (marketing), distributors agree that the distributors will sell the manufacturer's product at certain prices (resale price maintenance), at or above a price floor (minimum resale price maintenance) or at or below a price ceiling (maximum resale price maintenance). If a reseller refuses to maintain prices, either openly or covertly (see grey market), the manufacturer may stop doing business with it. Resale price maintenance is illegal in many jurisdictions. Resale price maintenance prevents resellers from Competition#Economics, competing too fiercely on price, especially with regard to Fungibility, fungible goods. Otherwise, resellers worry it could drive down profits for themselves as well as for the manufacturer. Some argue that the manufacturer may do this because it wishes to keep resellers profitable, thus keeping the manufacturer profitable. ...
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Exclusive Dealing
In economics and law, exclusive dealing arises when a supplier entails the buyer by placing limitations on the rights of the buyer to choose what, who and where they deal. This is against the law in most countries which include the USA, Australia and Europe when it has a significant impact of substantially lessening the competition in an industry. When the sales outlets are owned by the supplier, exclusive dealing is because of vertical integration, where the outlets are independent exclusive dealing is illegal (in the US) due to the Restrictive Trade Practices Act, however, if it is registered and approved it is allowed. While primarily those agreements imposed by sellers are concerned with the comprehensive literature on exclusive dealing, some exclusive dealing arrangements are imposed by buyers instead of sellers. Exclusive dealing can be considered as a barrier to entry especially in market that operate under imperfect competition, which is either Monopoly or Oligopoly ...
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Market Power
In economics, market power refers to the ability of a theory of the firm, firm to influence the price at which it sells a product or service by manipulating either the supply or demand of the product or service to increase economic profit. In other words, market power occurs if a firm does not face a perfectly elastic demand curve and can set its price (P) above marginal cost (MC) without losing revenue. This indicates that the magnitude of market power is associated with the gap between P and MC at a firm's profit maximising level of output. The size of the gap, which encapsulates the firm's level of market dominance, is determined by the residual demand curve's form. A steeper reverse demand indicates higher earnings and more dominance in the market. Such propensities contradict Perfect competition, perfectly competitive markets, where market participants have no market power, P = MC and firms earn zero economic profit. Market participants in perfectly competitive markets are cons ...
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Price-Fixing
Price fixing is an anticompetitive agreement between participants on the same side in a market to buy or sell a product, service, or commodity only at a fixed price, or maintain the market conditions such that the price is maintained at a given level by controlling supply and demand. The intent of price fixing may be to push the price of a product as high as possible, generally leading to profits for all sellers but may also have the goal to fix, peg, discount, or stabilize prices. The defining characteristic of price fixing is any agreement regarding price, whether expressed or implied. Price fixing requires a conspiracy between sellers or buyers. The purpose is to coordinate pricing for mutual benefit of the traders. For example, manufacturers and retailers may conspire to sell at a common "retail" price; set a common minimum sales price, where sellers agree not to discount the sales price below the agreed-to minimum price; buy the product from a supplier at a specified maxi ...
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Cartel
A cartel is a group of independent market participants who collaborate with each other as well as agreeing not to compete with each other in order to improve their profits and dominate the market. A cartel is an organization formed by producers to limit competition and increase prices by creating artificial shortages through low production quotas, stockpiling, and marketing quotas. Jurisdictions frequently consider cartelization to be anti-competitive behavior, leading them to outlaw cartel practices. Cartels are inherently unstable due to the temptation by members of the cartel to cheat and defect on each other by improving their individual profits, which may lead to falling prices for all members. The doctrine in economics that analyzes cartels is cartel theory. Cartels are distinguished from other forms of collusion or anti-competitive organization such as corporate mergers. Advancements in technology or the emergence of substitutes can undermine cartel pricing power, leadi ...
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Antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as Trust (business), trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern co ...
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