Customised price-quality path consultation and determination timeframe

The Commission is seeking guidance from the High Court on the timeframe for determining a customised price-quality path (CPP) under sections 53T(2) and 53ZA(1) of the Commerce Act 1986.

The High Court has published its opinion on the timeframe for determining a CPP under sections 53T(2) and 53ZA(1) of the Commerce Act 1986.

The Commission was concerned that there is potential ambiguity in the relationship between the 40 working day time period under section 53S for the assessment of whether a CPP proposal complies with the relevant process and content input methodologies, and the 150 working day time period under section 53T for consultation and determination of the final CPP.

The Commission filed a case stated for the opinion of the High Court under s 100A of the Commerce Act 1986.

Copies of the Court documents filed by the Commission, and the High Court's opinion and directions regarding service and timetabling can be found below.