Two Supplementary Order Papers (SOPs) relating to the Commerce (Cartels and Other Matters) Amendment Bill have been tabled for consideration.
SOP No. 407, tabled by Hon Craig Foss (National), contains a number of final amendments to the Bill, including providing the Commerce Commission with the discretionary ability to refund fees paid for clearances, an extension of the definition of "controlling interest", and slight clarifications to the collaborative activities and vertical supply exemptions.
SOP No. 408, tabled by Hon Clayton Cosgrove (Labour), proposes to amend the section 36 ‘misuse of market power' prohibition. The suggested amendment replaces the purpose test with an effects based test. Having been tabled by the opposition, it remains to be seen whether this SOP will find any traction with the current Government.