Competition and Consumer (Price Inquiry—Digital Platforms) Direction 2020

Several discrete legal and operational concepts are central to the Direction and frame the inquiry’s scope and methods.

Digital platform services is a term defined in the Direction to cover six categories: internet search engine services (general and specialised), social media services, online private messaging services (text, audio, visual), digital content aggregation platform services, media referral services provided in the course of providing one or more of the foregoing services, and electronic marketplace services (s 4, paragraphs (a)-(f)). The definition is service-focused rather than tied to particular corporate actors.

Electronic marketplace services are further described as services that facilitate supply of goods or services between suppliers and consumers, delivered by electronic communication, and not limited to carriage services or solely payment access/processing (s 4, definition of electronic marketplace services and subparagraphs (a)-(c)). This definition thereby excludes services that are solely carriage under the Telecommunications Act 1997, and services that only provide payment access or process payments.

Data broker is defined as a supplier who collects personal or other information on persons and sells or shares that information with others (s 4). The Direction expressly brings data brokers within the inquiry’s ambit when they supply data collection, storage, supply, processing and analysis services (s 5(2)(c)(ii)).

Exclusions are a key structural concept. The inquiry must not extend to supplies by State or Territory authorities, exempt supplies, reviews of Australian laws (other than the Act) that relate to communications, broadcasting, media, privacy or taxation, or to reviews of Commonwealth-funded programs or Commonwealth policies other than competition and consumer protection (s 5(1)(a)-(d)). The instrument also instructs that the inquiry must not be held in relation to goods or services supplied by particular persons (s 5(3), which implements the s 95J(2) limitation in the Act).

Procedure and secrecy are embedded through the Commission’s monitoring duty and reporting timetable, while giving the Treasurer control over public release of interim reports (s 7(1)-(2)). The Commission must monitor markets regularly (s 7(1)(a)), deliver an interim report by a fixed date and at six monthly intervals (s 7(1)(b)), and complete and deliver a final report by 31 March 2025 (s 8).

Cross-reference to the Competition and Consumer Act 2010 is critical. Several defined terms are imported from s 95A(1) of the Act (s 4 note and definitions). The Direction is made under the Act (s 3) and invokes specific inquiry provisions of the Act (for example, ss 95H, 95J, 95P, 95K are referenced in the Direction’s operative paragraphs, s 5(1) and s 7(2) in particular).

The Direction identifies and narrows the class of suppliers, intermediaries and services that are the subject of the inquiry and names decision-makers with specific powers over report publication.

Directly affected entities

• Digital platform service providers: any supplier offering services that fall within the instrument’s enumerated categories , including internet search engines, social media services, online private messaging, digital content aggregation platforms, media referral services when provided with those services, and electronic marketplaces (s 4, digital platform services).
• Electronic marketplaces: platforms that facilitate supply between suppliers and consumers by electronic communication and that are not solely carriage services nor solely payment-access/processing services (s 4, electronic marketplace services).
• Data brokers: suppliers who collect personal or other information and sell or share it, when they provide data collection, storage, supply, processing or analysis services within the inquiry scope (s 4; s 5(2)(c)(ii)).

Indirectly affected parties

• Consumers and businesses that use digital platform services, since the inquiry is required to examine pricing, terms and conditions, data practices and supplier behaviour that affect consumer outcomes (s 6(a)-(b)).
• Suppliers outside Australia or multinational service providers, to the extent the Commission considers developments in overseas markets relevant (s 6(e)).
• Media and advertising markets, because the inquiry explicitly includes digital advertising services supplied by digital platform service providers (s 5(2)(b)) and media referral services linked to the defined services (s 4(d), s 4(e)).

Excluded or limited persons and supplies

• State and Territory authorities supplying goods or services are excluded from the inquiry (s 5(1)(a)).
• Exempt supplies, as defined in s 95A(1) of the Act, are excluded (s 5(1)(b)).
• The inquiry is not to review the operation of other Australian laws (outside the Act) related to communications, broadcasting, media, privacy or taxation (s 5(1)(c)). Similarly, the inquiry must not review operation of Commonwealth-funded programs or Commonwealth policies other than competition and consumer protection (s 5(1)(d)).
• The inquiry must not be held in relation to the supply of goods or services by any particular person or persons, reflecting the statutory restriction in s 95J(2) of the Act (s 5(3)).

Decision-makers and report control

• The Commission is the obliged decision-maker to hold and operate the inquiry (s 5(1)); it must monitor markets and prepare interim and final reports (s 7(1), s 8).
• The Treasurer receives interim and final reports and controls public release of interim reports by written authorisation (s 7(2); s 8 provides the final report deadline to the Treasurer). The instrument itself was issued by the Treasurer (front page and s 3).

What the instrument does not directly specify

• It does not set out enforcement mechanisms against private parties. It does not specify funding, information-gathering powers or procedural details for stakeholder engagement; those matters are governed by the Act and Commission procedures, which are not reproduced in the Direction. The Direction does, however, state that expressions have the same meaning as in the Competition and Consumer Act 2010 (s 4 note), so any powers in the Act relevant to inquiries may be implicated even though they are not restated in the Direction.

The Direction creates mandatory duties for the Commission and prescribes the scope and considerations for the inquiry. It imposes no direct statutory duties on private parties in the instrument itself, but it frames what the Commission must examine, which will inform subsequent investigative steps under the Act.

Duties imposed on the Commission

• Obligation to hold the inquiry: Under subsection 95H(1) of the Act, the Commission is required to hold the inquiry into markets for supply of digital platform services; the Direction gives effect to that requirement (s 5(1)).
• Scope limitation duties: The Commission must not extend the inquiry to supplies by State or Territory authorities, exempt supplies, reviews of specified Australian laws outside the Act, or reviews of Commonwealth programs or policies other than competition and consumer protection (s 5(1)(a)-(d)).
• Subject-matter duty: For the purposes of s 95J(1) of the Act, the Commission is directed to hold the inquiry in relation to digital platform services, digital advertising services provided by digital platform service providers, and data collection/storage/supply/processing/analysis services supplied by digital platform service providers or data brokers (s 5(2)). This identifies the subject matter the Commission must examine under the Act’s inquiry provisions.
• Consideration duties: The Commission is directed to take into account specified matters in holding the inquiry, including intensity of competition, concentration of market power, supplier behaviour and terms, supplier practices that may cause consumer harm (including privacy and data practices), market trends and technological change, and overseas developments (s 6(a)-(e)). The Direction supplies a non-exhaustive list with a particular focus on pricing, quality, supplier conduct and barriers to entry (s 6).
• Monitoring and reporting duties: The Commission must regularly monitor the markets and provide an interim report to the Treasurer by 30 September 2020 and further interim reports every six months thereafter, addressing observed changes and any other relevant matters within the inquiry scope (s 7(1)(a)-(b)). The Commission must complete the inquiry and deliver the final report to the Treasurer by 31 March 2025 (s 8).

Rights and controls reserved to the Treasurer

• The Treasurer is empowered to authorise, in writing, the Commission to make interim reports publicly available; until that written authorisation issue, the Commission must not make interim reports available for public inspection (s 7(2)). This grants the Treasurer control over public release of interim materials.

Rights and obligations of private parties under the Direction

• The Direction itself does not create procedural rights or obligations for private suppliers; it does not, for example, set out notice, submission or compulsion mechanisms. It marshals the Commission’s inquiry functions and directional considerations under the Act, which may lead the Commission to exercise statutory powers under the Act (for example, to seek information) that are not restated in the Direction. The Direction refers to definitions and inquiry machinery in the Act (s 4 note and s 5 references to ss 95H, 95J etc.), so private parties’ rights and obligations connected with statutory inquiry powers will be determined by the Act and the Commission’s exercise of those powers.

Limitations on targeting

• The inquiry is expressly not to be held in relation to the supply of goods and services by a particular person or persons (s 5(3)), ensuring the Commission’s enquiry remains market-focused rather than targeted at named suppliers.

The Direction itself does not create new civil or criminal penalties, nor does it specify enforcement mechanisms against private parties. It is an administrative direction to the Commission under the Competition and Consumer Act 2010 and engages the Act’s inquiry machinery rather than standalone sanctioning provisions.

What the Direction prescribes about enforcement

• The Direction mandates an inquiry and sets the matters to be considered (s 5-6), and requires monitoring and reporting by the Commission (s 7-8). It does not, in those operative paragraphs, set out any penalty regime for non-compliance by suppliers with the Direction itself.

How enforcement and compulsion may arise indirectly

• The Direction refers to the Commission holding an inquiry under the Act (s 5(1) refers to subsection 95H(1) of the Act; s 7(2) refers to subsection 95P(3) of the Act; s 8 refers to subsection 95K(1) of the Act). The Act contains powers and potential sanctions connected to inquiries that are not reproduced in the Direction. The Direction does not restate those powers, but it does operate within the Act’s framework. Therefore any investigation powers, notices, compulsory information orders, or penalties that arise would be under the Act rather than under the Direction itself. The Direction does not describe or modify such powers.

Treasurer’s control over report release and confidentiality

• The Direction creates an enforceable duty on the Commission not to make interim reports available for public inspection until the Treasurer authorises their public release in writing (s 7(2)). That provision is a specific, clear operational restraint on the Commission’s publication of interim materials. The Direction does not provide penalties for breach within its own text, but the Commission would be obliged to comply with the Direction as an instrument made under the Act.

Absence of penalties for private parties in the instrument

• No provision in the Direction imposes civil pecuniary penalties, criminal sanctions, enforcement notices, or infringement notices on suppliers. The instrument focuses on the Commission’s investigative duties and report timetable. Any enforcement action taken against suppliers would arise from separate statutory provisions of the Act or other relevant laws, which the Direction explicitly chooses not to review in respect of communications, broadcasting, media, privacy or taxation (s 5(1)(c)).

Practical implication

• Because the Direction sets the Commission’s inquiry remit and reporting process but does not itself impose sanctions, affected parties should look to the Act and the Commission’s subsequent use of statutory powers for any binding enforcement actions or penalties that might follow from the inquiry’s findings. The Direction’s control over publication of interim reports through Treasurer authorisation (s 7(2)) is an enforceable procedural constraint that affects transparency and timing of public disclosures.

The Direction situates the inquiry within the statutory framework of the Competition and Consumer Act 2010 and expressly delimits what other Australian laws the inquiry will not review. It imports defined terms from the Act and relies on the Act for the legal basis of the inquiry.

Primary legal base and cross-references

• The Direction is made under the Competition and Consumer Act 2010 (s 3). It explicitly references the Act’s inquiry provisions through cross-references in its operative sections: s 5(1) refers to subsection 95H(1) of the Act, s 5(3) to subsection 95J(2), s 7(2) to subsection 95P(3), and s 8 to subsection 95K(1). The Direction therefore operates within the statutory inquiry mechanisms and definitions that the Act provides.

Definitions and imported meanings

• The Direction adopts or refers to expressions having the same meaning as in the Competition and Consumer Act 2010 as in force from time to time (note to s 4). Several key terms used in the Direction are defined by reference to s 95A(1) of the Act: exempt supply, goods, inquiry, services, State or Territory authority, and supply (s 4). That cross-reference ties interpretation of those terms to the Act rather than to the Direction.

Explicit non-review of certain laws and policies

• The Direction directs that the inquiry is not to extend to reviewing the operation of any Australian law other than the Act that relates to communications, broadcasting, media, privacy or taxation (s 5(1)(c)). It also prevents reviewing Commonwealth-funded programs or Commonwealth policies, other than competition and consumer protection policies (s 5(1)(d)). Those provisions create an express carve-out preventing the Commission from using the inquiry to evaluate the operation of those specified laws or policies.

Interface with telecommunications law

• The Direction’s definition of electronic marketplace services excludes services that are solely a carriage service within the meaning of the Telecommunications Act 1997 (s 4, electronic marketplace services). This cross-reference carves out pure carriage providers from the inquiry’s marketplace definition. The exclusion ties the inquiry’s coverage to the telecommunications legal framework by ensuring that carriage-only services are not captured by the electronic marketplace services definition.

Interaction with privacy law

• Although the Direction directs that the inquiry is not to review the operation of Australian laws relating to privacy other than the Act (s 5(1)(c)), the Commission is expressly directed to consider supplier practices that may result in consumer harm, including supplier policies relating to privacy and data collection, management and disclosure (s 6(b)). This produces an interaction effect: the Commission may examine and assess privacy-related practices as market conduct matters under the Act, but it is not directed to review the operation of the Privacy Act or other privacy laws. The separation is therefore between assessing market effects and reviewing statutory operation.

Relation to Commonwealth policy and program review rules

• The Direction prevents the inquiry from reviewing Commonwealth-funded programs or Commonwealth policies, other than competition and consumer protection policies (s 5(1)(d)). This limits the Commission’s remit to market and conduct analysis rather than policy or program performance assessment for Commonwealth initiatives.

Impact on international law and markets

• The Direction requires that the Commission take into account developments in markets for the supply of digital platform services outside Australia (s 6(e)). That provision places overseas market developments within the analytical frame, but it does not import foreign law into the inquiry or require review of foreign legal frameworks.

Practical consequence

• The Direction operates as a market-focused, Act-framed inquiry instrument. Its interaction with other laws is largely by exclusion , it imports definitions from the Act, cross-references other statutes to delineate scope (Telecommunications Act 1997), and expressly refrains from reviewing the operation of certain classes of Australian law. Entities should therefore treat the inquiry as an Act-based market examination, not as a forum for statutory interpretation or review of other legal regimes, though privacy and data practices remain assessable in market-harm terms (s 6(b)).

The Direction records its origin and commencement and contains no subsequent amendment text within the instrument. The text supplied shows the Direction was given by the Treasurer, Josh Frydenberg, and dated 10 February 2020 (front page and signature block). The Direction’s commencement provision states that the whole instrument commenced the day after registration (s 2(1) and the commencement table).

What is recorded in the instrument

• The instrument sets out a commencement table at s 2 stating the whole instrument commenced the day after registration. The note attached to the commencement table clarifies that the table relates only to the provisions as originally made and will not be amended in the instrument to deal with later amendments (s 2 notes). The Direction contains a note in s 4 that expressions have the same meaning as in the Competition and Consumer Act 2010 as in force from time to time.

Absence of recorded amendments

• The supplied text contains no later amendment provisions, amendment dates, or notes indicating that the Direction has been amended after its making on 10 February 2020. The Direction includes an editorial note in the commencement table saying that information in column 3 is not part of the instrument and may be edited in published versions, but that does not amount to a substantive amendment to the instrument’s operative text (s 2(2)).

How to treat amendment information not in the instrument

• Because the Direction cross-references the Competition and Consumer Act 2010 for defined terms and statutory powers, subsequent amendments to the Act could affect how terms or inquiry powers operate in practice. The instrument itself does not record any changes to those Act provisions. If the Act’s inquiry or definition provisions change after the Direction’s making, those changes could be relevant given the Direction’s imports (s 4 note). The Direction’s text makes clear that expressions “have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time” (s 4 note), so legislative amendments to the Act may alter the meaning of imported terms even if the Direction itself remains unchanged.

Practical implication for users of the Direction

• Users should consult the register of legislative instruments and the published Commonwealth consolidations for any formal amendments post-dating the instrument’s original registration. The instrument itself provides the original making date and commencement mechanics but does not record later amendments. The Direction’s legal effect in future periods will be shaped in part by any intervening amendments to the Act that affect the meaning of imported terms or the Act’s inquiry provisions.

The Direction’s text contains no references to litigation, legal challenges, or judicial consideration. The instrument is an administrative direction from the Treasurer to the Commission and does not itself record any case law or dispute history.

What can be said from the instrument

• The Direction does not mention or cite any court decisions, administrative tribunal findings or prior litigation. There is no internal text indicating that the Direction is subject to or has been the subject of judicial review, interlocutory injunctions, or other litigation remedies within the instrument. The Direction therefore contains no litigation history within its own terms.

Points for practitioners and researchers

• Because the instrument is an administrative direction made under the Competition and Consumer Act 2010 and because it references statutory inquiry provisions (for example, ss 95H, 95J, 95P, 95K of the Act as the legal scaffolding for the inquiry), any litigation that might arise in connection with the inquiry would likely invoke those Act provisions, the Administrative Decisions (Judicial Review) Act 1977, or other general judicial review grounds. Those procedural and substantive litigation questions are not addressed in the Direction text and therefore are not recorded here.

How future litigation could arise (note: descriptive, not predictive)

• Litigation could hypothetically concern the Commission’s exercise of statutory powers under the Act in conducting the inquiry, the content or timing of reports, the Treasurer’s decision on authorisation to publish interim reports, or the Commission’s treatment of particular information (for example, claims of confidential information or procedural fairness to stakeholders). The instrument itself does not create or prescribe such litigation pathways; it sets the inquiry’s remit, reporting timetable and confidentiality rule for interim reports (s 7(2)). Any contested legal issues would need to be grounded in the Act or in general administrative law principles rather than in the Direction’s text alone.

Recommendation for research

• To locate any litigation connected to this Direction, consult court and tribunal databases for challenges post-dating the Direction’s making and examine Commission records and the Attorney-General’s or Treasurer’s public materials. The Direction itself provides no dispute history to report.

The Direction contains several practical features and limitations that can produce unexpected effects for stakeholders. The following are concrete points drawn from the text that practitioners should note.

Interim reports are not public by default

• The Commission must provide interim reports to the Treasurer by specified dates (first by 30 September 2020, then every six months) but is forbidden from making those interim reports available for public inspection until the Treasurer authorises publication in writing (s 7(1)(b); s 7(2)). Expect timing uncertainty for public disclosure of interim findings and analyses.

Broad subject matter plus specific exclusions

• The Direction instructs the Commission to inquire into a broad set of services grouped as digital platform services, digital advertising services supplied by digital platform service providers, and data services supplied by digital platform service providers or data brokers (s 5(2)). At the same time, it explicitly excludes supplies by State or Territory authorities, exempt supplies, and reviews of certain Australian laws and Commonwealth policies (s 5(1)(a)-(d)). Stakeholders may therefore be surprised that an issue tied to, for example, privacy law operation cannot be the subject of a legal review in the inquiry even while privacy-related practices can be examined as market conduct (s 5(1)(c); s 6(b)).

No targeting of particular suppliers

• The inquiry must not be held in relation to goods or services supplied by a particular person or persons (s 5(3)). That prevents the Commission from structuring the inquiry around named corporations. However, market-focused analysis can still examine market concentration and supplier behaviour broadly (s 6(a)-(b)), producing scrutiny that affects large firms without targeted statutory review.

Data brokers are in scope in certain roles

• The Direction defines data broker and places data brokers within the inquiry when they supply data collection, storage, supply, processing and analysis services (s 4, definition of data broker; s 5(2)(c)(ii)). Entities that collect and sell data may therefore be indirectly subject to the market analysis even if not otherwise identifiable as “digital platform” providers.

Electronic marketplace carve-outs can be consequential

• Electronic marketplace services are defined to exclude services that are solely a carriage service within the Telecommunications Act 1997 or solely providing access to a payment system or processing payments (s 4, electronic marketplace services and subparagraphs (c)(i)-(ii)). A platform that primarily provides payment processing or is a pure carriage provider may fall outside the electronic marketplace definition and therefore potentially outside parts of the inquiry scope.

Scope excludes review of certain laws but includes related conduct

• The Direction prohibits reviewing the operation of Australian laws relating to privacy, broadcasting, media, taxation and communications (s 5(1)(c)). Yet supplier policies relating to privacy and data collection, management and disclosure are expressly part of the matters the Commission must consider for potential consumer harm (s 6(b)). This distinction means the Commission can investigate conduct and market effects connected to those legal domains without being able to recommend statutory changes to those laws as part of the inquiry.

Monitoring obligation creates ongoing scrutiny

• The Commission is directed to regularly monitor the markets for the supply of digital platform services focusing on the matters in s 6 (s 7(1)(a)). Continuous monitoring plus regular interim reporting can sustain long-term scrutiny and may implicate resources and data needs for both the Commission and market participants.

Final report deadline is fixed

• The inquiry is to be completed and the final report delivered to the Treasurer by 31 March 2025 (s 8). Parties should plan for a multi-year inquiry with interim reporting cycles. The fixed final date may pressure the Commission’s timetable and resource allocation.

No funding detail in the Direction

• The instrument does not specify how the inquiry is to be funded or resourced. The Direction imposes monitoring, reporting and analysis duties on the Commission (s 7(1)(a)-(b), s 8) without detailing resourcing. That practical funding and resource allocation will be handled within the Commission and broader Commonwealth budgeting processes, not by the Direction’s text.

The Direction creates an operational frame for an inquiry; compliance in the narrow sense is primarily the Commission’s duty. For private parties likely to be examined or affected by the inquiry (digital platform service providers, electronic marketplaces, data brokers, advertisers and businesses relying on such platforms), the practical steps below are grounded in what the Direction instructs the Commission to consider and report.

Understand whether your activities fall within defined categories

• Review the Direction’s definitions: determine whether the services you provide fall within digital platform services (internet search, social media, private messaging, digital content aggregation, media referral in the course of those services, electronic marketplace services) or whether you are a data broker as defined (s 4; s 5(2)). Pay particular attention to the exclusions in the definition of electronic marketplace services (s 4, electronic marketplace services subparagraphs (c)(i)-(ii)).

Prepare to address matters the Commission must consider

• The Commission is directed to take into account competition intensity, concentration of market power, supplier behaviour and pricing, changes in services and effects on other markets, mergers and acquisitions, barriers to entry/expansion/exit, supplier policies relating to privacy and data, market trends and overseas developments (s 6(a)-(e)). Compile contemporaneous documentation and analyses on:
  • market shares and competitive positioning;
  • pricing models and terms and conditions offered to consumers and businesses;
  • product or service changes and cross-market effects;
  • recent M&A activity and rationale;
  • internal risk assessments on barriers to entry and exit;
  • privacy and data policies, data flows maps, uses of personal and non-personal data; and
  • any relevant international developments or comparative practices.

Document privacy and data practices clearly

• Because supplier policies relating to privacy and data collection, management and disclosure are explicitly in scope as potential sources of consumer harm (s 6(b)), maintain clear records of data collection purposes, retention practices, third-party disclosures, opt-in/opt-out mechanisms, and any data sale or sharing arrangements if you are a data broker. Be prepared to explain how data collection relates to service provision and pricing.

Monitor regulatory signals and be ready for engagement

• The Commission must regularly monitor the markets (s 7(1)(a)) and will produce interim reports to the Treasurer (s 7(1)(b)). Expect continued engagement requests or public consultation opportunities, though initial interim reports may not be publicly available until authorised by the Treasurer (s 7(2)). Maintain compliance teams ready to respond to information requests and to make voluntary submissions explaining complex issues.

Keep a record of contractual terms and pricing strategies

• The Direction directs consideration of pricing and other terms and conditions offered to consumers and businesses (s 6(a)(ii)). Preserve records evidencing pricing strategy, A/B testing, personalised pricing, contract terms, fee schedules, and communications about pricing to users and business customers.

Assess exposure to merger and acquisition scrutiny

• The Commission is directed to examine mergers and acquisitions in the markets for digital platform services (s 6(a)(iv)). If contemplating M&A activity, prepare competition analyses and market definitions that address concentration concerns and potential barriers to entry. Ensure that transactional materials are ready for regulatory review.

Plan for disclosure and confidentiality management

• Interim reports will be withheld from public inspection until the Treasurer authorises release (s 7(2)). If the Commission seeks information subject to confidentiality claims, be prepared to articulate and substantiate confidentiality designations under applicable statutory frameworks that govern Commission inquiries (these frameworks are in the Act, not restated in the Direction). Keep granular records to support confidentiality where appropriate.

Coordinate with legal and compliance advisors

• Because the Direction frames inquiry matters under the Competition and Consumer Act 2010 (s 3; s 4 note), ensure legal counsel with experience in competition and consumer law is involved. While the Direction does not itself create statutory notice or compulsion mechanisms, responses to any Commission action will need to be aligned with the Act’s procedures and enforcement tools.

Be proactive in stakeholder communications

• Consider preparing succinct, evidence-based submissions for the Commission on market structure, consumer benefits, innovation, and competition. Even though interim reports might be confidential initially, the Commission is directed to take market developments and supplier conduct into account (s 6). Proactive engagement can help ensure the Commission’s market record includes comprehensive input.

Track international developments

• The Commission is directed to consider developments in markets outside Australia (s 6(e)). Collect and summarise relevant international regulatory and market developments, competitor conduct overseas, and distinctions in legal or marketplace structures.

Maintain operational readiness for multi-year process

• The inquiry has scheduled interim reports beginning 30 September 2020 and ongoing six-monthly reporting, and a final report due 31 March 2025 (s 7(1)(b); s 8). Treat the inquiry as an extended process and allocate resources, documentation and stakeholder engagement accordingly.

Note constraints and prepare submissions accordingly

• Recall the inquiry will not review the operation of non-Act Australian laws concerning communications, broadcasting, media, privacy or taxation, nor Commonwealth-funded programs or policies other than competition and consumer protection (s 5(1)(c)-(d)). Frame submissions to the Commission in terms of market effects, competition and consumer outcomes rather than as requests for statutory interpretation or policy review of those excluded areas.