Competition and Consumer (Price Inquiry— Digital Advertising Services) Instrument 2020 The Australian Competition and Consumer Commission makes the following notifiable instrument. Dated: 25 February 2020 Rayne de Gruchy Chief Operating Officer Contents Part 1—Preliminary 1 1 Name 1 2 Commencement 1 3 Authority 1 4 Definitions 1 Part 2—Price inquiry into supply of certain digital advertising services 3 5 Commission to hold inquiry 3 6 Commencement of inquiry 3 Preliminary Part 1 Section 1 Part 1—Preliminary 1 Name This instrument is the Competition and Consumer (Price Inquiry—Digital Advertising Services) Instrument 2020. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument The day after this instrument is registered. Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under section 95L of the Competition and Consumer Act 2010. 4 Definitions Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003. In this instrument: advertiser means a person that places an advertisement. digital advertising agency services means services supplied to advertisers relating to negotiating, acquiring or managing digital display advertising services. digital advertising technology services means services that provide for, or assist with, the automated buying, selling and delivery of digital display advertising services. digital display advertising services means the supply of opportunities for the placement of advertising, by way of the internet, other than: (a) classified advertisements; and Part 1 Preliminary Section 4 (b) advertising provided in conjunction with the search results of internet search engines. Examples: Supply of opportunities to place advertisements that would appear: (a) in banners, or in videos, on a webpage; and (b) within a software application on a mobile computing device; and (c) in conjunction with social media content. exempt supply has the meaning given by subsection 95A(1) of the Act. goods has the meaning given by subsection 95A(1) of the Act. inquiry has the meaning given by subsection 95A(1) of the Act. services has the meaning given by subsection 95A(1) of the Act. State or Territory authority has the meaning given by subsection 95A(1) of the Act. supply has the meaning given by subsection 95A(1) of the Act. the Act means the Competition and Consumer Act 2010. Price inquiry into supply of certain digital advertising services Part 2 Section 5 Part 2—Price inquiry into supply of certain digital advertising services 5 Notice of holding of inquiry (1) The Commission is to hold an inquiry into the markets for the supply of digital advertising technology services and digital advertising agency services, pursuant to the Competition and Consumer (Price Inquiry–Digital Advertising Services) Direction 2020. (2) The inquiry is not to extend to any of the following: (a) the supply of a good or service by a State or Territory authority; (b) the supply of a good or service that is an exempt supply; (c) reviewing the operation of any Australian law (other than this Act) relating to communications, broadcasting, media, privacy or taxation; (d) reviewing the operation of any program funded by the Commonwealth, or any policy of the Commonwealth (other than policies relating to competition and consumer protection); (e) the supply of creative input for advertising. (3) The inquiry is to be held in relation to goods and services of the following descriptions: (a) digital display advertising services; (b) digital advertising technology services; (c) digital advertising agency services. (4) The inquiry is not to be held in relation to the supply of goods and services by a particular person or persons. 6 Commencement of inquiry The commencement date of the inquiry is 15 February 2020.