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Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner)

CUTS International & Vietnam Competition Administration Department (VCAD), Ministry of Trade, Vietnam Present: Creating A Competition Culture the Australian Experience with a National Competition Policy. Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner).

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Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner)

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  1. CUTS International & Vietnam Competition Administration Department (VCAD), Ministry of Trade, Vietnam Present: Creating A Competition Culture the Australian Experience with a National Competition Policy Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner) Hanoi, Vietnam – 16 & 17 August 2005

  2. NCP - CreatedbyCouncil of Australian Governments CoAG

  3. National Competition Policy 6 Elements: • Universal application of TPA • Legislation Review • Competitive Neutrality • Access to Essential Facilities • Reform of Public Monopolies • Prices Oversight

  4. Overall Policy Objective - TPA s 2 “...to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection” Australia

  5. Promoting Competition - Part IIIA access to essential facilities and Part IV prohibiting restrictive trade practices

  6. Ensuring fair trading and safeguarding consumers - TPAPart IVA; Part IVB; Part V & Part VA

  7. Mechanisms to allow anti- competitive conduct (at risk of breaching Part IV) to continue with legal immunity - Part VII & Part IX

  8. ACCC v REIWA TPA and the Education Sector – TAFE Colleges and Price Fixing

  9. Joseph v La Trobe University [2004] FCA 746 Action against University under TPA

  10. Recent Notification under the TPA James Cook University – Nth Queensland • Lodged a Notification for Exclusive Dealing conduct • ACCC Decision 30/04/2003 allowed notification to stand

  11. Recent Authorisation under the TPA ACCC Determination 30 June 2003

  12. Legislation Reviews

  13. Competitive Neutrality The Level Playing Field?

  14. International Consumer Protection issues - ICPEN; the ACCC; and the Trade Practices Act

  15. ICPEN Member Countries

  16. ICPEN activities & initiatives…

  17. WWW ICPEN activities & initiatives… Annual Internet Sweeps

  18. In Conclusion…

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