Craig Emerson (Rankin, Australian Labor Party, Shadow Minister for Service Economy, Small Business and Independent Contractors) Share this | Hansard source

The Minister for Small Business and Tourism made a statement in her previous contribution that recoupment under the current law is not necessary as a precondition for establishing that predatory pricing has occurred. If she believes that under the present law it is not necessary for recoupment to be a condition, why not pass our amendment? Our amendment simply makes the point that it is not necessary. If she thinks it is not necessary, our amendment does no harm and, even by her judgement, some good. The real answer I think is that the ACCC, under the current chair, Mr Graeme Samuel, has said:

The ACCC takes the view that s46 requires amendment to provide that in cases involving allegations of predatory pricing a finding of expectation or likely ability to recoup losses is not required to establish a contravention of the act.

I will repeat that. He said that it takes the view that section 46 requires amendment to provide so. That is what Labor is doing. You are saying it is not necessary, but the chairman of the ACCC says it is necessary. We are backing the ACCC. We are backing competition. Who are you backing, Minister? It sounds to me that you, as the small business minister, are backing bigger businesses because you want predatory pricing to be able to continue under section 46 of the Trade Practices Act.

See this speech in context