1st Edition
Competition Law and Economics in Australia, Volume I The Competition Law System: Context, Law, and Economics
Marking the 50-year anniversary of modern statutory competition law in Australia, this two-volume set brings together more than 40 leading experts to discuss the most important issues and developments arising under Australian competition law, economics, and policy.
This publication discusses current reforms and reviews the impact of competition law and policy in the Australian economy over the last 50 years, since the enactment of the Trade Practices Act 1974. Contributors examine the legacy of this landmark legislation, important precedents and cases that have shaped contemporary Australian competition law, as well as the substantive, procedural, and institutional features in need of revision. Volume I focuses on the history and context of Australian competition law, the courts and tribunal, and the competition system established by the Competition and Consumer Act. Volume II assesses consumer protection law, the digital economy, enforcement, remedies and sanctions, and the Australian competition regime from a comparative perspective.
This volume, alongside its companion, Competition and Consumer Law: Principles, Enforcement, and Comparative Perspectives, is an authoritative treatise that will interest the broader competition law and policy community around the world. Together, they provide essential insights for academics, researchers, practitioners, policymakers, and regulators.
Acknowledgements
Foreword
FRÉDÉRIC JENNY
List of Contributors
List of Acronyms and Abbreviations
1 Competition Law and Economics in Australia: Introduction
JULIE CLARKE, ALLAN FELS, BRENT FISSE, DEBORAH HEALEY, MEL MARQUIS, JOHN E. MIDDLETON, AND RHONDA L. SMITH
Part I Context and History
2 Australian Competition Law: Legislative Context and Appraisal
ALLAN FELS AND BRENT FISSE
3 50 Years of the Australian Competition and Consumer Commission
ALLAN FELS AND LUKE WOODWARD
4 The Federal Courts and Evolution of Judicial Practice in Australian Competition Law
THE HON. ROBERT FRENCH AC
Part II Economic Issues
5 Competition and Competition Law
RHONDA L. SMITH
6 The Role of Economics and Economic Analysis in Australian Competition Law and Policy
GEORGE SIOLIS
Part III
Legal Issues
7 The ‘Substantial Lessening of Competition’ Test
ANDREW CHRISTOPHER
8 Anticompetitive Agreements Between Competitors and Cartel Enforcement
BRENT FISSE AND ROB NICHOLLS
9 Merger Control: An Evolutionary Tale
LUKE WOODWARD AND CAROLINE COOPS
10 Misuse of Market Power and the Interface Between Competition and IP Policies
RHONDA L. SMITH AND ARLEN DUKE
11 Presentation and Evaluation of Evidence in the Australian Competition Tribunal
THE HON. JOHN E. MIDDLETON AM KC AND OLIVER LLOYD
Part IV
Distinctive Features of Australia’s Competition Law
12 Australia’s Dual System of Administrative and Judicial Competition Law Adjudication
MICHAEL O’BRYAN
13 Authorisation and Notification
ANDREW MONOTTI
14 National Competition Policy: The Continuing Imperative
DEBORAH HEALEY
15 Evolution and Revolution in Infrastructure Access Regimes: Australia’s Sector-Specific Regulation and Challenges
GEOFF PETERSEN, MORELLE BULL, AND CATHERINE DERMODY
Part V
Reform of the Competition Law Provisions
16 Toward Merger Reform: An Economic Perspective
GRAEME WOODBRIDGE
17 Misuse of Market Power and Data Privacy Justifications
KATHARINE KEMP
18 Exclusive Dealing: Provisions in Need of Reconsideration?
SIMON SNOW
Index
Biography
Julie Clarke is Associate Dean and Professor of Law at Melbourne Law School.
Allan Fels AO is Professorial Fellow at the University of Melbourne and former Chair of the Australian Competition and Consumer Commission.
Brent Fisse is Honorary Professor at the University of Sydney and Partner of Brent Fisse Lawyers, Sydney.
Deborah Healey is Professor of Law at the University of New South Wales and Director of the Herbert Smith Freehills CIBEL Centre.
Mel Marquis is Deputy Associate Dean at Monash Law School and Executive Board Member of CLARS.
John E. Middleton AM KC is Senior Advisor of DLA Piper, former Justice of the Federal Court of Australia, and former President of the Australian Competition Tribunal.
Rhonda L. Smith is Senior Lecturer, Economics Department, University of Melbourne and former Commissioner of the Australian Competition and Consumer Commission.
