1 Sitesh Bhojani, Barrister & Consultant (former ACCC Commissioner) CUTS International & Vietnam Competition Administration Department (VCAD), Ministry.

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Presentation transcript:

1 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 Hanoi, Vietnam – 16 & 17 August 2005

2 Sitesh Bhojani, Barrister & Consultant NCP - Created by Council of Australian Governments CoAG

3 Sitesh Bhojani, Barrister & Consultant National Competition Policy 6 Elements : n Universal application of TPA n Legislation Review n Competitive Neutrality n Access to Essential Facilities n Reform of Public Monopolies n Prices Oversight

4 Sitesh Bhojani, Barrister & Consultant 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 Sitesh Bhojani, Barrister & Consultant Promoting Competition - Part IIIA access to essential facilities and Part IV prohibiting restrictive trade practices

6 Sitesh Bhojani, Barrister & Consultant Ensuring fair trading and safeguarding consumers - TPA Part IVA; Part IVB; Part V & Part VA

7 Sitesh Bhojani, Barrister & Consultant Mechanisms to allow anti- competitive conduct (at risk of breaching Part IV) to continue with legal immunity - Part VII & Part IX

8 Sitesh Bhojani, Barrister & Consultant TPA and the Education Sector – TAFE Colleges and Price Fixing ACCC v REIWA

9 Sitesh Bhojani, Barrister & Consultant Action against University under TPA Joseph v La Trobe University [2004] FCA 746

10 Sitesh Bhojani, Barrister & Consultant Recent Notification under the TPA James Cook University – Nth Queensland n Lodged a Notification for Exclusive Dealing conduct n ACCC Decision 30/04/2003 allowed notification to stand

11 Sitesh Bhojani, Barrister & Consultant Recent Authorisation under the TPA ACCC Determination 30 June 2003

12 Sitesh Bhojani, Barrister & Consultant Legislation Reviews

13 Sitesh Bhojani, Barrister & Consultant Competitive Neutrality The Level Playing Field?

14 Sitesh Bhojani, Barrister & Consultant International Consumer Protection issues - ICPEN; the ACCC; and the Trade Practices Act

15 Sitesh Bhojani, Barrister & Consultant ICPEN Member Countries

16 Sitesh Bhojani, Barrister & Consultant ICPEN activities & initiatives…

17 Sitesh Bhojani, Barrister & Consultant ICPEN activities & initiatives… Annual Internet Sweeps WWW

18 Sitesh Bhojani, Barrister & Consultant In Conclusion…