Event: Digital Regulation After the Economic Reform Roundtable Panel
Parliament House, October 2025
Presented by Tech Council of Australia and Capital Brief

Speakers:
The Hon Daniel Mulino MP, Assistant Treasurer
Stephen King, Productivity Commissioner
Madeleine Houghton, Tech Council of Australia Head of Regulatory Affairs
John McDuling, Editor-in-Chief Capital Brief
Bran Black, Business Council of Australia Chief Executive Officer,
Professor Niloufer Selvadurai, Director of Research and Innovation at Macquarie Law School
Moderator: Dr Adam Triggs, Partner Mandala

Australia is at risk of stifling innovation and missing out on investment and productivity benefits if we implement new digital regulation without learning lessons from overseas experiences.

That was the clear message from policy, business and academic leaders at “Digital Regulation After the Economic Reform Roundtable” panel held at Parliament House in October, hosted by the Tech Council of Australia (TCA) and Capital Brief, with more than 100 industry and government stakeholders in attendance.

It was a timely reminder of what’s at stake as the Government considers new digital competition rules as part of an economic reform agenda focused on boosting productivity. And it underscores the importance of establishing whether existing laws are sufficient before embarking on new regulation that could discourage innovation and set Australia back relative to its peers.

“We need to be considered about where there are any potential gaps in Australian law and make sure that whatever is introduced is targeted and see how it addresses perceived harms,” Madeleine Houghton, TCA’s Head of Regulatory Affairs, said during the panel event. “There’s a risk we’ll miss the opportunities ahead of us in terms of tech innovation, and if we don’t pair the opportunity and adoption piece along with any potential regulation, we will lag behind other countries.”

The Government is considering new digital competition rules based on recommendations from the Australian Competition and Consumer Commission’s Digital Platform Services Inquiry. The proposed “ex ante” regulations are intended to prohibit potentially anticompetitive conduct before it occurs, relieving the regulator of the requirement to prove contraventions of general competition law after the fact.

Yet, Australia already has some of the strongest laws in the world aimed at anti-competitive behavior, including Section 46 of the Competition and Consumer Act, according to Productivity Commissioner Stephen King, who also participated in the panel discussion.

“Do we have a gap in our existing laws that we need some new digital laws relating just to digital platforms to be able to solve?‘’ King said. “Unfortunately, that analysis hasn’t been done because there was an assumption starting day one of the Digital Platform Services Inquiry that there was a gap.”

Australia’s proposed ex ante approach draws from similar regulation such as the European Union’s Digital Markets Act (DMA) and the United Kingdom’s Digital Markets, Competition and Consumer Act (DMCCA). However, there are growing concerns about the negative impacts those laws are having on tech innovation and competitiveness.

“There are some real issues with the EU model and Australia should be learning lessons from what we have seen there,’’ Houghton said.

For its part, the Government recognizes that digital technologies are key drivers of productivity and economic growth.

To unlock the benefits, Australia needs clear and proportionate regulation, a skilled workforce and the right infrastructure, Assistant Treasurer Daniel Mulino said in a keynote address before the panel discussion. The government remains committed to the ex ante competition regime, he said.

“Governments around the world are grappling with how to regulate emerging technologies in ways that protect consumers, promote competition, and support innovation,” Mulino said. “The Albanese Government is committed to navigating these changes in partnership with industry and the broader community.”

For Business Council of Australia (BCA) Chief Executive Officer Bran Black, who participated in the government’s recent Economic Reform Roundtable, the risk of getting the regulatory settings wrong is that it will put Australia at a disadvantage to other countries competing with it for investment, particularly in AI technology.

“What we are concerned about is that there is a very broad power. It’s the breadth of the power and it’s the scope of the regulator to act with very broad discretion that comes about as a consequence of that power,’’ Black said. “The onus really should be on the regulators to say this is the specific problem and this is the specific solution we therefore require.”

Under the proposed regime, new obligations would be placed on specific companies that are designated according to certain thresholds, according to Professor Niloufer Selvadurai, Director of Research and Innovation at Macquarie Law School. In fast-moving and complex digital markets, that level of discretion risks causing significant uncertainty.

“It’s likely to have unintended consequences on start-ups, SMEs and the whole intricate supply chain for digital services, which can lead to undermining productivity and economic growth,’ she said.

If the government does identify a shortcoming in existing laws then the solution shouldn’t be to single out certain companies, according to the Productivity Commissioner, Stephen King.

“If there is a problem with our abuse of market power laws, don’t start saying we need some that only capture tech platforms,” he said. “Let’s keep it neutral so we have proper abuse of market power laws that cover all businesses with substantial market power.”

Australia has a history of being a world leader in progressive regulation, according to John McDuling, Editor-in-Chief of Capital Brief. It has the chance to burnish that reputation with its digital laws, particularly on AI, he said.

“Maybe we do have an opportunity to lead the world again in sensible regulation that doesn’t stifle investment,” McDuling said. “Maybe it’s about not actually regulating it all. Maybe we do have the frameworks in place that we already need.”

Getting digital regulation right is essential if Australia is to seize the full productivity and innovation benefits of emerging technology. The Tech Council will continue bringing industry and government together to support clear, practical and future-focused policy settings.

Stay connected with the TCA for ongoing analysis, thought leadership and opportunities to engage in Australia’s tech policy agenda.

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