In 2014, the Productivity Commission recognised these problems with section 36 and the attendant costs to our economy of large firms suppressing competition and innovation from new, smaller firms. Of the counterfactual test, the Productivity Commission said that it "causes problems because it focuses on the actions of firms in the hypothetical counterfactual world where a firm lacks substantial market power rather than on market outcomes." Now Parliament is finally in a position to resolve this. 