Competition and Consumer (Price Inquiry – Digital Platforms) Instrument 2020

Administered by Department of the Treasury

Legislation au F2020N00020 In force Notifiable Instrument

Legislation content

 

Competition and Consumer (Price Inquiry—Digital Platforms) Instrument 2020

The Australian Competition and Consumer Commission makes the following notifiable instrument.

Dated: 25 February 2020.   

Rayne de Gruchy

Chief Operating Officer

Contents

 

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—Price inquiry into supply of digital platform services 3

5  Notice of holding of inquiry 3

6  Commencement of inquiry 3

 

 

Part 1—Preliminary

1  Name

  This instrument is the Competition and Consumer (Price Inquiry – Digital Platforms) Instrument 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument.

The day after this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 95L of the Competition and Consumer Act 2010.

4  Definitions

Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

Australian law means a law of the Commonwealth, a State, or a Territory (whether written or unwritten).

data broker means a supplier who collects personal or other information on persons, and sells this information to, or shares this information with, others.

digital content aggregation platform means an online system that collects information from disparate sources and presents it to consumers as a collated, curated product in which users may be able to customise or filter their aggregation, or to use a search function.

digital platform services means any of the following:

  1.     internet search engine services (including general search services and specialised search services);
  2.    social media services;
  3.     online private messaging services (including text messaging; audio messaging and visual messaging);
  4.    digital content aggregation platform services;
  5.     media referral services provided in the course of providing one or more of the services mentioned in paragraphs (a) to (d);
  6.      electronic marketplace services.

electronic marketplace services means a service (including a website, internet portal, gateway, store or marketplace) that:

  1.     facilitates the supply of goods or services between suppliers and consumers; and
  2.    is delivered by means of electronic communication; and
  3.     is not solely a carriage service (within the meaning of the Telecommunications Act 1997) or solely consisting of one of more of the following:
    1.          providing access to a payment system;
    2.        processing payments.

exempt supply has the meaning given by subsection 95A(1) of the Act.

goods has the meaning given by subsection 95A(1) of the Act.

inquiry has the meaning given by subsection 95A(1) of the Act.

services has the meaning given by subsection 95A(1) of the Act.

State or Territory authority has the meaning given by subsection 95A(1) of the Act.

supply has the meaning given by subsection 95A(1) of the Act.

the Act means the Competition and Consumer Act 2010.

 

Part 2—Price inquiry into supply of digital platform services

5  Notice of holding of inquiry

 (1) The Commission is to hold an inquiry into the markets for the supply of digital platform services, pursuant to the Competition and Consumer (Price Inquiry – Digital Platforms) Direction 2020.

 (2) The inquiry is not to extend to any of the following:

 (a) the supply of a good or service by a State or Territory authority;

 (b) the supply of a good or service that is an exempt supply;

 (c) reviewing the operation of any Australian law (other than the Act) relating to communications, broadcasting, media, privacy or taxation;

 (d)  reviewing the operation of any program funded by the Commonwealth, or any policy of the Commonwealth (other than policies relating to competition and consumer protection).

 (3) The inquiry is to be held in relation to goods and services of the following descriptions:

 (a) digital platform services;

 (b) digital advertising services supplied by digital platform service providers;

 (c) data collection, storage, supply, processing and analysis services supplied by:

  1.     digital platform service providers; or
  2.   data brokers.

 (4) The inquiry is not to be held in relation to the supply of goods and services by a particular person or persons.

6  Commencement of inquiry

  The commencement date of the inquiry is 15 February 2020.

Overview

The Competition and Consumer (Price Inquiry – Digital Platforms) Instrument 2020 was enacted to address the need for a comprehensive examination of the pricing practices within the digital platform services sector, a domain that has grown significantly in economic importance and influence. This instrument, created under section 95L of the Competition and Consumer Act 2010, was introduced by the Australian Competition and Consumer Commission to ensure a fair and competitive market environment for digital platform services, including internet search engines, social media, online messaging, and digital content aggregation platforms. The primary objective of this legislation is to investigate the pricing mechanisms and market dynamics of these services, excluding certain areas such as goods or services supplied by State or Territory authorities, exempt supplies, and unrelated Commonwealth programs or policies. The inquiry aims to inform policy and regulatory decisions that protect consumer interests and promote competition in the digital economy.

Scope and Application

The Competition and Consumer (Price Inquiry – Digital Platforms) Instrument 2020 applies to the supply of digital platform services and related services, specifically targeting digital platform service providers and data brokers. This instrument, made under section 95L of the Competition and Consumer Act 2010, directs the Australian Competition and Consumer Commission to conduct a comprehensive inquiry into the markets for these services. It is pertinent to note that the inquiry does not extend to supplies by State or Territory authorities, exempt supplies, or reviews of Australian laws or Commonwealth programs unrelated to competition and consumer protection. Instead, the focus is on digital platform services, digital advertising services provided by digital platform service providers, and data collection, storage, supply, processing, and analysis services supplied by either digital platform service providers or data brokers. The inquiry, which commenced on 15 February 2020, is intended to examine these services comprehensively, excluding specific persons or entities, thereby ensuring a broad, market-wide analysis.

Key Provisions

The Competition and Consumer (Price Inquiry – Digital Platforms) Instrument 2020 (sections 5 and 6) establishes a framework for the Australian Competition and Consumer Commission (ACCC) to conduct an inquiry into the markets for the supply of digital platform services, including digital advertising services, and data collection, storage, supply, processing, and analysis services provided by digital platform service providers and data brokers. The inquiry, which began on 15 February 2020, is explicitly limited to digital platform services and does not cover the supply of goods or services by State or Territory authorities, exempt supplies, or the review of Australian laws and Commonwealth programs unrelated to competition and consumer protection. The Act imposes specific obligations on the ACCC in conducting the inquiry. The ACCC must ensure the inquiry adheres to the parameters set out in the Competition and Consumer (Price Inquiry – Digital Platforms) Direction 2020 and refrain from extending its scope to areas explicitly excluded, such as supplies by State or Territory authorities or reviews of unrelated laws and programs. Additionally, the ACCC must gather and analyse relevant data on the markets for digital platform services, digital advertising services, and data-related services, focusing on how these services are supplied and the pricing dynamics involved. Failure to comply with the provisions of this instrument may lead to various legal consequences. While the instrument itself does not explicitly state offences or penalties, breaches of related provisions in the Competition and Consumer Act 2010 may incur significant penalties. For instance, misleading or deceptive conduct under Section 18 of the Act can lead to substantial fines, up to $1.1 million for corporations and $110,000 for individuals. Furthermore, the ACCC can seek court orders for injunctions, corrective notices, and other remedies to address non-compliance or anti-competitive practices uncovered during the inquiry. These penalties underscore the importance of adhering to the prescribed parameters and obligations set forth in the instrument.

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Technology Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.