National Gas (Queensland) Law
sec.30ABMeaning of effective competition
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sec.30AB Meaning of effective competition
For the purposes of this Division, the AER must, in assessing whether there is effective competition within a wholesale gas market, have regard to— whether— there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or there is merely the threat of competition in the market; and whether prices are determined on a long term basis by underlying costs rather than the existence of market power, even though a wholesale gas market participant may hold a substantial degree of market power from time to time; and whether barriers to entry into the market are sufficiently low so that a substantial degree of market power may only be held by a wholesale gas market participant on a temporary basis; and whether there is independent rivalry in all dimensions of the price, product or service offered in the market; and other matters the AER considers relevant. s 30AB ins 2024 No. 12 (SA) s 15
- (a) whether— (i) there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or (ii) there is merely the threat of competition in the market; and
- (i) there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or
- (ii) 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 wholesale gas market participant 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 wholesale gas market participant 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) other matters the AER considers relevant.
- (i) there are active competitors in the market and whether those competitors hold a reasonably sustainable position in the market; or
- (ii) there is merely the threat of competition in the market; and