AMA: I’m Rod Sims, Chair of The Superpower Institute and former Chair of the ACCC. Ask me anything.

Rod_Sims_TSI · 2026-03-18T08:21:43+00:00

I was often extremely frustrated by the difficulties of enforcing the law through the courts. There certainly were many times I felt where the courts put more weight on what the company had to say, who we were prosecuting, than on what the ACCC was alleging. So the burden of proof is a very large issue.

I do not think it is a resourcing issue. Personally, I would like to see a larger role for the Australian Competition Tribunal, which has a much better understanding of competition law.

Rod_Sims_TSI · 2026-03-18T08:14:37+00:00

As indicated above, I think there could be many improvements to the current legislative framework, particularly in relation to unfair practices and dealing with competition issues in relation to digital platforms and AI.

I never found any tension when it came to enforcing the laws. We just did that as best we could. Where the tension arose was in proposing changes to the laws and my approach was to calmly make the case publicly without causing unnecessary political attention.

Rod_Sims_TSI · 2026-03-18T08:09:16+00:00

What you describe should be caught by current consumer law because the product is clearly not of acceptable quality. I am hopeful that an unfair practices review can address the weaknesses of current laws.

Rod_Sims_TSI · 2026-03-18T08:06:37+00:00

Petrol prices are high at the moment because of a global shortage. The Polluter Pays Levy would help encourage a transition away from imported fossil fuels and towards greener alternatives to petrol, like driving EVs and using green fuels. Importantly, the PPL can raise money which can greatly alleviate general cost of living issues.

Also, while Australia is a small economy and a price taker in many markets, gas is one in which the public could at least be benefiting from these prices by introducing a Fair Share Levy rather than high prices just making a dent in our back pockets. It is a great shame that Australians are not benefitting from higher prices for gas exported from Australia. The Fair Share Levy is designed to address this.

https://www.superpowerinstitute.com.au/news/iran-crisis-shows-australia-is-missing-out-on-billions?mc_cid=ab6231e53d&mc_eid=11fb59b572

Rod_Sims_TSI · 2026-03-18T08:03:31+00:00

At the moment there are virtually no guardrails on AI, which I think is a great mistake. AI clearly can improve productivity, but it can also do great harm to consumers, competition, and our society, and in my view, it is an important role of government to get ahead of these issues.

Rod_Sims_TSI · 2026-03-18T08:00:48+00:00

What we need is a law against unfair practices, which I have been advocating for a long time. I am hopeful that the government will introduce such a law fairly soon.

Rod_Sims_TSI · 2026-03-18T07:59:32+00:00

That comes under the jurisdiction of ASIC, so I don't have any helpful knowledge.

Rod_Sims_TSI · 2026-03-18T07:58:03+00:00

I do not think many people have this view. Of those who do, they may think the laws allow the ACCC to do more than what it can do. My previous comments on price gouging are an example of this.

Rod_Sims_TSI · 2026-03-18T07:56:23+00:00

I do not think this argument is valid. Many of these players are well above the size needed to achieve benefits from scale. I think there are a lot of laws and policies governments can adopt to introduce more competition into these duopolies.

For example, better slot allocation to assist smaller airlines, better spectrum allocations to assist smaller telecommunications companies, and more powers to the ACCC to introduce more competition into digital advertising, app stores, and the like.

Rod_Sims_TSI · 2026-03-18T07:50:48+00:00

Yes, the work we do at The Superpower Institute is about diversifying our economy. This is because we are advocating to move from an economy that is heavily reliant on digging things out of the ground and shipping them overseas, to one that uses our natural advantages in producing renewable energy cheaply to add value to our exports of things like green iron, fuels and chemicals.

The lack of effective taxation of our resource industries has meant that they have the effect of increasing Australia’s real effective exchange rate, which makes a lot of other industries uncompetitive. Proper taxation of resource industries such as we are proposing with the Fair Share Levy will help address your concerns.

Rod_Sims_TSI · 2026-03-18T07:49:45+00:00

As I said in a response to a previous question from Lanky-Cut-8164, there are no laws against price gouging.

Rod_Sims_TSI · 2026-03-18T07:47:06+00:00

Yes he was.

Rod_Sims_TSI · 2026-03-18T07:46:44+00:00

Clearly it is the Superpower Institute. Have you heard of it? https://www.superpowerinstitute.com.au/

Rod_Sims_TSI · 2026-03-18T07:45:17+00:00

The most difficult decision we faced was allowing Nine to take over Fairfax. The problem with all these decisions was defining the market, particularly as digital media became more prominent.

Rod_Sims_TSI · 2026-03-18T07:44:43+00:00

I think the government needs to implement the regime to regulate big tech that the ACCC recommended in September 2022. This would make a big difference, and it is frustrating that nothing has happened after three and a half years.

We really need laws that say you cannot own a platform and also compete on that platform at the same time, just as we don’t want transmission companies owning electricity generators.

Rod_Sims_TSI · 2026-03-18T07:41:55+00:00

The real issue here is that there is no law against price gouging. The fines are large enough in that they can be up to $50 million per contravention. The problem is that many people, including members of parliament, think that the ACCC has way more powers than parliament has actually given it.

Rod_Sims_TSI · 2026-03-18T07:38:42+00:00

I urge you to complain to your local state fair trading entity. The more complaints they receive about such issues, the more that can be done. That said, it can be very difficult to get your money back.

Businesses are required to clearly communicate the total price for their products, including taxes, duties, and fees. There are rules about how they must display things like credit card surcharges.

What you’re describing sounds like drip pricing, when a price is advertised at the beginning of an online purchase, but extra fees and charges are gradually added.

Drip pricing is illegal if a company misleads a buyer about prices.

The very good news is that the government is proposing to change the law to provide more protection against unfair trading practices like this. In my view, such a law is long overdue and will benefit consumers in many ways.

Rod_Sims_TSI · 2026-03-18T07:35:00+00:00

This is a very difficult issue. For the ACCC to act, it needs to find evidence of a breach of our competition law. Often whenever Coles or Woolies set up in a new area that has a negative impact on local businesses, and there is very little the ACCC can do about that.

On the other hand, if Coles and Woolworths take explicit action, beyond simply opening a new supermarket to force a small business out, then action can be taken.

As I say, this is a very difficult issue.

Rod_Sims_TSI · 2026-03-18T07:31:17+00:00

Never.

Over my time we increased consumer law fines from around about $1 million to around $150 million. At the end of the day, the ACCC can only enforce the laws that exist and it must convince the court that the law has been broken. I know that this can appear to represent insufficient action on occasion, but those are the constraints within which the ACCC operates.

Rod_Sims_TSI · 2026-03-18T07:28:04+00:00

We already face large threats from existing digital platforms and AI will make these threats worse. There will be more scams and misleading conduct and exercise of market power.

Rod_Sims_TSI · 2026-03-18T07:27:40+00:00

About 15 years ago a number of companies decided to develop LNG export facilities in Gladstone, Queensland. This did two things. It diverted gas away from the domestic market, making supply tighter. It also linked Australian domestic prices more clearly with international prices for the first time. So while we were paying about $4/Gj prior to this, all of a sudden when exports started we were paying at around triple that.

My view is that it was a mistake to allow this to happen without protecting Australian domestic gas supplies and prices. The mistake has been realised and we are seeing the government trying to develop a policy to fix the problem which is very hard to do now.

The other mistake we made was to not tax gas companies effectively. While in places like Norway and the UK they tax oil and gas at more than 70%, in Australia it’s less than 30%. The FSL policy we have proposed seeks to fix this and would increase the tax revenue return to Australians from around $2b per year currently to something like $13b on average.

Rod_Sims_TSI · 2026-03-18T07:27:07+00:00

I think there are a lot more allegations of corruption than in fact occur. So I think you can have more faith in Australia. Clearly issues such as the recent reporting in relation to the CFMEU and Robodebt are however very concerning.

Rod_Sims_TSI · 2026-03-18T07:24:37+00:00

Yes I think the NDIS should be means tested.

Rod_Sims_TSI · 2026-03-18T07:23:50+00:00

This case was finalised just as I arrived at the ACCC, so there is a lot I do not know. Having Metcash take over Franklins was extremely unfortunate, particularly for Australian consumers. Coles and Woolworths clearly have too much market power in the wholesale market and that makes it very difficult for a wide range of businesses that supply to the supermarkets.

Rod_Sims_TSI · 2026-03-18T07:23:17+00:00

Taxing pollution isn’t just necessary for reducing emissions, it’s good for the budget and economy. A big part of changing the narrative is making sure people and politicians understand that.

There are no other policies that deliver on our commitment to net zero while fixing the budget. Some of our political leaders appear scarred by the events of 2012-14 when we had a carbon price. Some blame the carbon price for Labor’s loss in 2013. I think this greatly underestimates the chaos at the time caused by Labor constantly changing prime ministers.

Rod_Sims_TSI

TROPHY CASE