Not quite a cartel: Applying the new concerted practices prohibition.

The Competition and Consumer Act has been amended to prohibit concerted practices which have the purpose or effect of substantially lessening competition ('SLC'). Overseas experience shows that a wide range of conduct, potentially including a single instance of information sharing, may be a concerted practice. That means the SLC test will be determinative. We argue that the test should be applied by setting out the theory of harm that is alleged to apply to the conduct that is consistent with economic principles; and then, determining whether the facts consistent with that theory are true in the circumstances. Finally, we round up some likely areas of focus for the regulator in enforcing the new prohibition, including online, and explore the role of authorisation. [ABSTRACT FROM AUTHOR]