Iāve tried to cut/summarise the 11 preliminary recommendations from the document ā¦
Preliminary Recommendation 1āmerger law
The ACCC considers that section 50(3) of the Competition and Consumer Act 2010, which identifies the factors to be taken into account in assessing the likely competitive effects of a merger or acquisition, could be amended to make it clearer that the following are relevant factors:
(a) the likelihood that an acquisition would result in the removal of a potential competitor, and
(b) the amount and nature of data which the acquirer would likely have access to as a result of the acquisition. [ā¦]
Preliminary Recommendation 2āprior notice of acquisitions
The ACCC is also intending to ask large digital platforms (such as Facebook and Google) to provide advance notice of the acquisition of any business with activities in Australia and to provide sufficient time to enable a thorough review of the likely competitive effects of the proposed acquisition. If such a commitment were not forthcoming from the major digital platforms other options could be considered to address this issue. [ā¦]
Preliminary Recommendation 3āchoice of browser and search engine
The ACCC is considering recommending that:
(a) suppliers of operating systems for mobile devices, computers and tablets be required to provide consumers with options for internet browsers (rather than providing a default browser), and
(b) suppliers of internet browsers be required to provide consumers with options for search engines (rather than providing a default search engine).
The ACCC considers that where options for internet browsers and search engines are presented, no option should be pre-selected. [ā¦]
Preliminary Recommendation 4āadvertising and related business oversight
A regulatory authority should be tasked to monitor, investigate and report on whether digital platforms, which are vertically integrated and meet the relevant threshold, are engaging in discriminatory conduct (including, but not limited to, conduct which may be anti-competitive) by favouring their own business interests above those of advertisers or potentially competing businesses. [ā¦]
Preliminary Recommendation 5ānews and digital platform regulatory oversight
The ACCC considers that the regulatory authority could also monitor, investigate and report on the ranking of news and journalistic content by digital platforms and the provision of referral services to news media businesses. [ā¦]
Preliminary Recommendation 6āreview of media regulatory frameworks
The ACCC proposes to recommend the Government conduct a separate, independent review to design a regulatory framework that is able to effectively and consistently regulate the conduct of all entities which perform comparable functions in the production and delivery of content in Australia, including news and journalistic content, whether they are publishers, broadcasters, other media businesses, or digital platforms. [ā¦]
Preliminary Recommendation 7ātake-down standard
The ACCC proposes to recommend that the ACMA determine a Mandatory Standard regarding digital platformsā take-down procedures for copyright infringing content to enable effective and timely take-down of copyright-infringing content. This may take the form of legislative amendments to the Telecommunications Act so that the ACMA has the power to set a mandatory industry standard applicable to digital platforms under Part 6 of the Telecommunications Act. [ā¦]
Preliminary Recommendation 8āuse and collection of personal information
The ACCC proposes to recommend the following amendments to the Privacy Act to better enable consumers to make informed decisions in relation to, and have greater control over, privacy and the collection of personal information. [ā¦]
Preliminary Recommendation 9āOAIC Code of Practice for digital platforms
The ACCC proposes to recommend that the OAIC engage with key digital platforms operating in Australia to develop an enforceable code of practice under Part IIIB of the Privacy Act to provide Australians with greater transparency and control over how their personal information is collected, used and disclosed by digital platforms. A code would allow for proactive and targeted regulation of digital platformsā data collection practices under the existing provisions of the Privacy Act. [ā¦]
Preliminary Recommendation 10āserious invasions of privacy
The ACCC proposes to recommend that the Government adopt the Australian Law Reform
Commissionās recommendation to introduce a statutory cause of action for serious invasions of privacy to increase the accountability of businesses for their data practices and give consumers greater control over their personal information. [ā¦]
Preliminary Recommendation 11āunfair contract terms
The ACCC proposes to recommend that unfair contract terms should be illegal (not just voidable) under the Australian Consumer Law, and that civil pecuniary penalties should apply to their use, to more effectively deter digital platforms, as well as other businesses, from leveraging their bargaining power over consumers by using unfair contract terms in their terms of use or privacy policies. [ā¦]