Competition & Regulation Update: the test for declaration under part IIIA is dead; long live the new test

The federal government released the Productivity Commission’s (PC’s) final report on 11 February 2014. The report proposes yet another test for the controversial ‘criterion (b)’. However, it is not clear that the new test would have the effect that the PC envisages in circumstances such as those in the Fortescue cases. The federal government has said that it will respond to the report following the upcoming ‘root and branch’ review of competition policy.

So you may ask: where is the National Access Regime headed? How will state-based access regimes be affected in the meantime? …

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