Document ID: chunk:federal_register_of_legislation:F2020L00129:reg:6
Version: federal_register_of_legislation:F2020L00129
Segment Type: reg
Provision Reference: reg 6
Character Range: 4593–6721

6  Directions on matters to be taking into consideration in the inquiry
  Under subsection 95J(6) of the Act, the Commission is directed to take into consideration all of the following matters in holding the inquiry:
 (a) the intensity of competition in the markets, and the efficiency of the markets, for the supply of digital advertising technology services and digital advertising agency services (those markets), with particular regard to:
 (i) how competition in those markets impacts on competition in the market for the supply of digital display advertising services; and
 (ii) the availability to advertisers, publishers and other market participants of information on activities in those markets; and
 (iii) the revenue of, and share of an advertiser's digital display advertising services expenditure retained by, each of the suppliers of services referred to in subsection 5(2); and
 (iv) the concentration of power in the markets amongst and between suppliers of services referred to in subsection 5(2); and
 (v) auction and bidding processes and other similar processes undertaken in digital display advertising services; and
 (vi) mergers and acquisitions in those markets; and
 (vii) the behaviour of any suppliers in those markets, including:
 (A) the nature, characteristics and quality of the services they offer; and
 (B) the pricing and other terms and conditions they offer to consumers and businesses;
Example 1:  Characteristics of services offered include the interoperability of systems or software used or offered by different suppliers.
Example 2:  Other terms and conditions include policies relating to privacy and data collection, management and disclosure.
 (b) relationships between suppliers and customers in the markets for services referred to in subsection 5(2), including the extent to which existing corporate structures, or contractual arrangements, have a negative effect on competition in the market or informed decision-making by market participants;
 (c) whether the services referred in subsection 5(2) are being provided or performed to the satisfaction of all market participants.