2017 Regulating Supermarkets 103
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REGULATING SU ERMAR ETS: THE COM ETITION FOR S ACE
CHRISTOPHER ARUP, CARON BEATON-WELLS AND JO PAUL-TAYLOR
I THE STUDY
The purpose of this article is to evaluate the case for a proposed competition policy law reform. If implemented, the reform would roll back land-use planning regulation, so that supermarket businesses have greater freedom to regulate privately where and with what format they site their stores. 1 With planning regulation reduced, the check on this greater freedom to site will be competition regulation this regulation should also be light touch. Competition policy continues to insist that we shall be better off if public regulation defers to the market and private regulation. In Australia, such a reform has considerable impetus and must be taken seriously. In March 2015, the Government’s Competition Policy Review ( Harper Review’ or Review’) recommended that planning regulation be reduced. The Review takes the view that, p lanning and oning requirements can restrict competition by creating unnecessary barriers to entry’.2 To counter these restrictions, the Review picks up on a line of recommendations running through Australian Competition and Consumer Commission ( ACCC’) and Productivity Commission ( PC’) enquiries.3 The Review recommends that planning regulation defer to competition in the marketplace. It insists that competition between individual businesses and the impact on the viability of