Commerce (Promoting Competition and Other Matters) Amendment Bill 2025

Abstract

This report examines a single, specific proposal within the Bill: the repeal of section 46 of the Commerce Act 1986 as set out in clause 8. While the broader suite of reforms contained in the Bill is generally welcomed, this analysis highlights a technical concern arising from the proposed repeal. The issue is not rooted in resistance to stronger competition law enforcement but in the risk of an unintended legislative consequence. In particular, removing section 46 may inadvertently expose routine merger transactions to criminal liability - an outcome unlikely to align with the Bill’s policy intent. The report therefore sets out the basis for this concern and underscores the need for careful legislative design to avoid such effects.