ACCC has no power to break up AGL

Original article by Ben Potter
The Australian Financial Review – Page: 10 : 24-May-18

AGL Energy’s market power has come under scrutiny in the wake of its refusal to back down on plans to shut down the Liddell coal-fired power station in 2022. However, former Australian Competition & Consumer Commission chairman Allan Fels says neither the competition regulator or the federal government have the power to force a company to sell assets or take action to reduce its market share. Fels says there may be a case for adding divestiture powers to section 46 of the Competition and Consumer Act, although the Harper review in 2015 rejected this in favour of an "effects test".

CORPORATES
AGL ENERGY LIMITED – ASX AGL, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, ORIGIN ENERGY ASSET MANAGEMENT LIMITED, ENGIE SA, ENERGYAUSTRALIA PTY LTD, AUSTRALIA. DEPT OF THE ENVIRONMENT AND ENERGY, DELOITTE ACCESS ECONOMICS PTY LTD

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