Policy Report: Social and Environmental Considerations in Part VII of the Trade Practices Act 1974 (Cth

Part VII of the Trade Practices Act 1974 acknowledges that there are circumstances in which anti-competitive conduct will be permissible – where the detriment caused by the conduct is outweighed by other benefits to the public. This report argues that there is a need to widen the scope and understanding of ‘public benefit’, so that it includes not only economic considerations, but social and environmental concerns. The report examines the application of the public benefit test in both theory and practice, and makes recommendations aimed at improving consideration of the public benefit in authorisations.

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