AUSTRALIA Trends and Developments Contributed by: Greg Williams, Alexandra Rose, Caitlin Sheehy and Carla Rank, Clayton Utz
as well as their impact on consumers, business - es, and competition. ACCC proposed framework for a digital competition regime The ACCC’s Digital Platforms Services Inquiry (DPSI) has been ongoing since 2020 and is one of the most significant inquiries in its history. The ACCC was directed to provide interim reports on the inquiry every six months for five years. This inquiry examines the supply of digital platform services in Australia, including internet search engine services, social media services, online private messaging services, digital content aggregation platform services, media referral services, electronic marketplace services, digital advertising services, and data practices of digital platform service providers and data brokers. The inquiry aims to address concerns about market power concentration, barriers to entry, and the behaviour of digital platform suppliers that may harm consumers and competition. The ACCC released the eighth interim report in March 2024 and the ninth interim report in December 2024. The final report has not yet been released (it was due to be provided to the Aus - tralian Government in March 2025). The eighth interim report focused on data products and services and how information is collected and used by data firms in Australia. This report built on the existing body of work from the ACCC in relation to use of personal information and data in the context of their customer loyalty scheme report in 2019. The ACCC’s key concerns high - lighted in this report include lack of consumer control, unfair trading practice (such as “take- it-or-leave-it” terms of service), and regulatory gaps in the existing provisions of the Privacy Act 1988 (Cth). The ninth interim report, titled “Revisiting General Search Services” , examines technology, regulatory and industry changes
since the ACCC last considered general search services in its September 2021 interim report. The ninth interim report discusses how the emer - gence of generative AI has started to influence how consumers search for information, affecting the general search services landscape. The ninth report did not make any new recommendations but reiterated the need for regulatory reform. As part of this broader inquiry, the ACCC rec - ognises the broader challenges with regulating digital platforms in Australia. The rapid evolution of technologies, the complexity of data ecosys - tems, and the cross-border flow of digital assets complicate efforts in developing and implement - ing an effective regulatory landscape of local laws and standards. The ACCC has been working with the Austral - ian government to develop a framework for a service-specific regulatory regime to protect consumers and businesses, alongside Austral - ia’s existing competition and consumer laws. If introduced, the proposed framework would bring new, upfront service-specific obligations on certain “designated” digital platforms that provide specific services. By way example, obligations proposed under the new framework would aim to prevent app marketplaces from requiring developers to use their proprietary in- app payment systems, which often include com - mission fees of up to 30% of every in-app digital transaction. Although the ACCC recommends service- specific mandatory codes, these sit alongside recommendations for the imposition of broader obligations on digital platforms. Reforms already implemented or proposed in international juris - dictions, including the EU, the UK, Japan and India provide reference guides. Whether Aus - tralia enacts legislation similar to the UK’s Digital
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