Section 73 Federal Competition and Consumer Protection Act 2018

Section 73 of the Federal Competition and Consumer Protection Act 2018 is about Consequences of abuse of a dominant position. It is under Part IX (Abuse of a Dominant Position) of the Act.

(1) Where the Commission finds that an undertaking has abused or is abusing its dominant position in a market, the Commission shall prepare a report indicating the practices that constitutes the abuse and shall-

(a) notify the undertaking of its findings accompanied by a copy of the report; and
(b) direct the undertaking to immediately cease the abusive practice.

(2) The provisions of this section shall not apply to exclusive dealing arrangements or market restrictions between or among affiliated or interconnected undertakings.

(3) An undertaking that abuses its dominant position in a market commits an offence under this Act and is liable on conviction to a fine of not less than 10% of its turnover in the preceding business year or such higher percentage as the court may determine under the circumstances of the particular case.