Section 52ZZ — Competition and Consumer Act 2010: Matters to consider in arbitration, etc.

(1) In making a determination under subsection 52ZX(1) (including in complying with subsections 52ZX(7), (8) and (9)), the panel must consider the following matters: (a) the benefit (whether monetary or otherwise) of the registered news business’ covered news content to the designated digital platform service; (b) the benefit (whether monetary or otherwise) to the registered news business of the designated digital platform service making available the registered news business’ covered news content; (c) the reasonable cost to the registered news business of producing covered news content; (ca) the reasonable cost to the designated digital platform service of making available covered news content in Australia; (d) whether a particular remuneration amount would place an undue burden on the commercial interests of the designated digital platform service. (2) In considering the matters set out in subsection (1), the panel must consider the bargaining power imbalance between Australian news businesses and the designated digital platform corporation.