Competition and Consumer Amendment (Continuing ACCC Monitoring of Domestic Airline Competition) Bill 2023

High-Level Summary

The bill: amends the Competition and Consumer Act 2010 to require the Australian Competition and Consumer Commission to continue its price monitoring of domestic air passenger transport services and related goods and services for 3 years; and repeals the Competition and Consumer (Price Monitoring—Domestic Air Passenger Transport) Direction 2020 .


Summary
The bill affects the Competition and Consumer Act 2010 by inserting section 95ZGA, which mandates the ACCC to monitor and report on the prices, costs, and profits associated with domestic air passenger transport services for three years. The ACCC is required to submit reports at least once every quarter, considering commercial confidentiality. The reports must be published on the ACCC's website and tabled in Parliament. This initiative follows the expiration of the previous monitoring program in June 2023, which highlighted ongoing competition issues in the domestic airline industry, dominated by two major carriers. The bill repeals the previous 2020 direction and emphasizes transparency and accountability in the airline service sector.

Argument For
Normative Bases
  1. Competition Policy
  2. Consumer Protection

The bill should be supported because it aims to enhance competition in Australia's domestic airline industry, which is currently dominated by two major carriers. Increased monitoring by the ACCC can help identify anti-competitive behaviors and provide transparency, ultimately leading to fairer pricing and improved service quality for consumers. By requiring reports at least quarterly, the bill ensures ongoing oversight and accountability, which can encourage smaller carriers to grow and compete more effectively, benefiting the overall market dynamics and consumer choices [Judgment].


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

The bill should be opposed because continuous monitoring could impose additional regulatory burdens on airlines, potentially increasing operational costs that may be passed on to consumers through higher fares [Judgment]. Additionally, the focus on monitoring may not address the root causes of limited competition, such as barriers to entry for new airlines. Instead of monitoring, efforts could be directed towards policies that directly encourage new entrants or innovation in the sector [Judgment].


Date:

2023-09-12

Status:

Before Senate

Sponsor:

SMITH, Sen Dean; MCKENZIE, Sen Bridget

Portfolio:

Unspecified

Categories:

Competiton Policy, Consumer Protection, Competition Policy, Transport

Timeline:
12/09/2023
08/11/2023

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