Competition and IP Policy

1. Competition and IP Policy The USC Gould School of Law Roger Featherston Commissioner, Australian Competition and Consumer Commission November 10, 2017

2. Australia

3. ACCC: What we do • Consumer protection • False and misleading conduct • Unconscionable conduct and unfair terms • Consumer rights to refunds • Product safety and recalls • Regulation • Telecommunications • Bulk water • Monitoring of fuel prices, airports and ports • Competition law • Mergers and acquisitions • Cartels and anti-competitive agreements • Misuse of market power • Market inquiries • Dairy • Gas • Electricity • Mortgage rates • Insurance • New motor vehicles

4. Misuse of market power • IP laws confer market power • Competition and Consumer Act 2010 prohibits misuse of market power (e.g. Pfizer case) From November 6, 2017, a corporation with substantial power in a market, must not engage in conduct with the purpose or likely effect of substantially lessening competition. • Competition law also prohibits agreements that substantially lessen competition (e.g., pharmaceutical pay for delay agreements) Anti-competitive agreements

5. Data reforms • Productivity Commission recently made recommendations on “Data Availability and Use” (Report No. 82, March 31, 2017) • Corporations will continue to collect data on consumers • Don't focus on who “owns” data or limiting use of data • Should focus on obliging a corporation with data to make it available for use by a consumer, including by transmitting it to a third party at consumer's direction • Examples: • Retail electricity data • Emails and digital photos • Automobile servicing data

6. The Productivity Commission inquiry into IP Intellectual Property Arrangements , Productivity Commission Inquiry Report No. 78, September 23, 2016

7. Roger FeatherstonCommissionerAustralian Competition and Consumer Commission