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The Forum > Article Comments > Competition reality a sly fiction > Comments

Competition reality a sly fiction : Comments

By Mark Christensen, published 9/6/2009

The truth of the matter is that the ACCC has an innate bias against those it regulates.

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I'll just say "Well said" before you get attacked ...
Posted by Faustino, Tuesday, 9 June 2009 1:28:05 PM
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Putting aside the use of 'incentivised' as a word I thought the idea behind the article a good one.
The regulatory framework in Australia and the agencies entrusted with its implementation are strange creatures.
On the one hand we trust them to protect us, on the other we hope that they do not stifle us.
Both the ACCC and ASIC are interesting examples. Pilloried in their failings they suffer from an approach that tries to blend 'sherrif' with the problem of being, fundamentally, outsiders.
In my experience they have little real knowledge of how the entities they are supposed to regulate actually operate and tend to act only after the horse has bolted. However, once they have decided to put the boots in there is no respite. Indeed some have suggested that their behaviour has actively caused the horse to bolt.
Posted by J S Mill, Tuesday, 9 June 2009 2:43:10 PM
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The ACCC is either an incompetent or corrupt organisation.
Take a case I was personally involved in.

Volvo cars engine management systems are setup using a computer program.
A Sydney Volvo repair workshop that has been repairing Volvos for more
than 30 years is unable to buy the computer program that enables them
to set the parameters for a changed component. Volvo refuses.

The result is he has to either tell his customers to take the car to
a Volvo dealer or change the component and then have the car towed to
the Volvo dealer.

I wrote via my member of parliament to complain of this restriction
of trade but the reply I got was this is not a restriction of trade.

If it is not a restriction of trade then the doctionary is wrong.
Posted by Bazz, Monday, 15 June 2009 6:15:25 PM
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Bazz, let's take your logic to a house. Suppose you want to buy a house from someone, but he doesn't wish to sell. Most people would say "fair enough", and look elsewhere. You have just called that "restriction of trade".

That program is the property of Volvo. The decision about whether or not they sell it is their's, and it is within their right for them to refuse to sell it.
Posted by Sheriff__001, Saturday, 27 June 2009 4:07:25 PM
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You would be right Sheriff if they only sold that program.
However they are happy to sell him all the parts he asks for except
for the program that enables parts they sell to be installed.

It is a mechanism to prevent owners from taking their car to other
than their dealers. The law was changed to enable you to get your car
serviced anywhere while still under warranty but this practice avoids
that change in the law
Posted by Bazz, Saturday, 27 June 2009 4:37:50 PM
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