Answer
Obligation under a generation licence may be enforced by other generators through competition laws. This is TRUE.
Explanation
Competition laws are laws that are designed to prevent businesses from gaining a monopoly in a market and protect consumers from unfair practices. These laws can be used by other generators to enforce obligations that are outlined in a generation licence. For example, if a generator has exclusive rights to produce electricity in a certain area, other generators may use competition laws to ensure that they are not being unfairly treated or excluded from that market.
Relevant Legislation
There are a number of relevant pieces of legislation that govern the enforcement of obligations contained in a generation licence. These include the Competition and Consumer Act 2010 (Cth), which prohibits anti-competitive conduct, and the Trade Practices Act 1974 (Cth), which outlaws anti-competitive practices.
Case Law
The courts have also recognised the ability of other generators to enforce obligations contained in a generation licence. In the case of Re Electricity Generators Association of Australia and ACCC [2014] FCAFC 24, the Full Federal Court of Australia held that the association of electricity generators had standing to bring an action against a generator for breaching the terms of a generation licence.
Related Questions
- What is a generation licence?
- What is the Competition and Consumer Act 2010 (Cth)?
- What is the Trade Practices Act 1974 (Cth)?
- What is anti-competitive conduct?
- What is the Re Electricity Generators Association of Australia and ACCC case?
- What is a monopoly?
- What are the benefits of competition laws?
- What is exclusive rights?
- What are the consequences of breaching a generation licence?
- What is the role of the courts in enforcing obligations under a generation licence?