[luv-main] Microsoft requires Windows 8 logo systems to not bootunsigned OS's

stripes theotoky stripes.theotoky at googlemail.com
Wed Sep 28 05:08:56 EST 2011

Appears that Competition commission are useless as usual.
Long response that says nothing and shows that they don't even
understand the issue. Funny they have written this rubbish to a
Professor of Economics, if any of my students had this little
understanding I'd fail them out of hand.


Dear Professor Poyogo-Theotoky,

Thank you for your email of 26 September 2011 to the Australian
Competition & Consumer Commission (the ACCC) regarding the Microsoft’s
upcoming Windows 8 operating system. Your reference number for this
matter is 1154451.

The role of the ACCC is to ensure compliance with the Competition and
Consumer Act 2010 (Cth) (the Act), which is designed to encourage fair
trading and discourage anti-competitive conduct through a specific set
of competition and consumer protection rules.

One of the Act’s aims is to foster fair markets, that is, markets
where normal competition can continue without being hindered by unfair
and illegal market practices. Such illegal market practices include
price-fixing, market-sharing, resale price maintenance, misuse of
market power and certain forms of exclusive dealings/boycotts.

Section 47 of the Act prohibits exclusive dealing. Broadly speaking,
exclusive dealing occurs when one person trading with another imposes
some restrictions on the other’s freedom to choose with whom, in what,
or where they deal. Exclusive dealing is only a breach of the Act
where the conduct has the purpose, effect or likely effect of
substantially lessening competition in the market. In an assessment of
the effect of the conduct on competition, it is not enough merely to
show that an individual business has been damaged. The wider market
for the particular product or service must be considered.

The situation you described may raise issues of exclusive dealing, but
it is unclear from the details provided whether it would be likely to
meet the competition test described.

In assessing any complaint, staff of the ACCC would generally
determine whether or not the matter falls within the jurisdiction of
the Act, whether or not there appears to have been a breach of the
Act, and if so, whether the impact of the conduct is so serious and
widespread that it is appropriate that the ACCC should take some

It should first be noted that in general, investigations are conducted
confidentially and the ACCC does not comment on matters it may be
investigating. Further, complainants will only be contacted by the
ACCC where clarification or additional information is sought.

It is important to note that the ACCC cannot pursue all the complaints
it receives. While all complaints are carefully considered, the ACCC
must exercise its discretion to direct resources to the investigation
and resolution of matters that provide the greatest overall benefit
for consumers and businesses. The ACCC’s Compliance and Enforcement
policy describes in more detail how this discretion is exercised. This
policy, which is available on the ACCC’s website [www.accc.gov.au],
lists a number of factors that are weighed including whether conduct
raises national or international issues, involves significant consumer
detriment or a blatant disregard of the law.

The Act also allows an affected party to take their own legal action
for a breach of the Act. You may wish to seek legal advice on the
possibility of taking your own action in this circumstance.

Thank you for contacting the ACCC with your concerns. I trust this
information is of use.

Yours sincerely,


ACCC Infocentre

Ph: 1300 302 502

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