The bill is informed by a review that identified three main problems with the operation of this provision in the following ways. Firstly, it has the potential to fail to deter or penalise some forms of anti-competitive conduct; secondly, it is costly and complex to enforce, which reduces the incentives for businesses to comply with the law; and, thirdly, it creates some unpredictability as to its application to business conduct. To address these concerns, the bill amends section 36 to make explicit that conduct by persons with substantial market power that has the purpose, effect, or likely effect of substantial market power to effect monopolisation be changed. 