18BMeaning of effective competition

18B Meaning of effective competition

18B Meaning of effective competition

For the purposes of this Division, the AER must, in assessing whether there is effective competition within a monitored market, have regard to—

(a) whether there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market (or whether there is merely the threat of competition in the market); and

(b) whether prices are determined on a long term basis by underlying costs rather than the existence of market power, even though a particular competitor may hold a substantial degree of market power from time to time; and

(c) whether barriers to entry into the market are sufficiently low so that a substantial degree of market power may only be held by a particular competitor on a temporary basis; and

(d) whether there is independent rivalry in all dimensions of the price, product or service offered in the market; and

(e) any other matters that the AER considers relevant.

s 18B: Ins 2016 No 56, sec 6. Am 2024 No 12, sec 7.