Australian competition law reading room
Australian Competition Law Books
Casebooks
Clarke, Corones and Clarke, Competition Law and Policy: Cases and Materials (3rd edn, July 2011)
Duns and Duke, Competition law: cases and materials, LexisNexis Butterowrths (3rd edn, March 2011)
Textbooks
Bruce, Restrictive Trade Practices Law in Australia, LexisNexis Butterworths (2010)
Corones, Competition Law in Australia, Thomson (5th edn, 2010)
Miller, Miller's Australian Competition Law and Policy, Thomson (2008)
Steinwall, Duns, McMahon, Nagarajan, Smith, Walker and Hurley, Butterworths Australian Competition Law (2000)
General books on Australian competition law and looseleaf publications
Australian Trade Practices Law Reporter, CCH
Maureen Brunt, Economic Essays on Australian
and New Zealand Competition Law, Kluwer
Law International, The Hague (2003)
CCH editors,Guidebook to Australian Trade Practices Law (CCH, first of several editions, 1977; later editions with Deborah Healey)
Donald and Heydon, Trade Practices Law (volumes 1 and 2), (LBC, 1978)
Frances Hanks and Philip Williams (eds), Trade Practices Act: A twenty-five year stocktake (Federation Press, 2001)
J D Heydon, Trade Practices Law: Restrictive (Lawbook Co - looseleaf)
Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)
P H Lane, The Trade Practices Act: Its Constitutional Operation (Law Book Company, 1966)
Masterman and Solomon (assisted by Baxt), Australian Trade Practices Law (1967)
Nieuwenhuysen and Norman, Australian Competition and Prices Policy (1976) Australian Studies in Economics, Croom Helm Ltd
Steinwall (ed) 25 Years of Australian Competition Law (2000)
Walker, Australian Monopoly Law: Issues of Law, Fact and Policy (FW Cheshire, 1967)
Annotated and consolidated legislation
CCH, Australian Competition and Consumer Legislation (published annually)
Miller, Miller's Australian Competition and Consumer Law Annotated (new edition printed each year)
Steinwall, Annotated Competition and Consumer Act 2010 (new edition printed each year)
Subject-specific
Beaton-Wells and Fisse, Australian Cartel Regulation: Law, Policy and Practice in an International Context (Cambridge University Press, 2011)
Beaton-Wells, Proof of Antitrust Markets in Australia, Federation Press (2003)
Clarke, Vertical Price Fixing, Federation Press (1991)
Corones (ed), Competition Policy in Telecommunications and Aviation (Federation Press, 1992)
Heydon, The Restraint of Trade Doctrine, LexisNexis (3rd Edition) (2008)
Australian Competition Journals
Australian and New Zealand Trade Practices Law Bulletin
Australian Business Law Review
Australian Journal of Competition and Consumer Law (previously the TPLJ)
Competition and Consumer Law Journal
Trade Practices Law Journal (volumes 1-18; from volume 19 see Australian Journal of Competition and Consumer Law)
Australian competition law articles, conference papers, speeches and reports
Development of competition law and policy in Australia
Stephen Corones, David Merrett and David Round, 'Bob McComas and the Trade Practices Commission: doing it his way' (2005) 33(6) Australian Business Law Review 475-485
David Merrett, Stephen Corones and David Round, 'The introduction of competition policy in Australia: the role of Ron Bannerman' (2007) 47(2) Australian Economic History Review 178-199
Stephen Corones, David Merrett and David Round, 'Building an Effective Trade Practices Commission: The Role of Professor Robert Baxt AO' (2009) 49(2) Australian Economic History Review 138-172
Justice French, 'Competition Law – Covering a Multitude of Sins
', Competition Law Conference
Sydney (15 May 2004)
Competition policy, practice and economics (including market definition)
[see also administration]
2011
Alex Sundakov, 'Prices and Costs: Good Accounting is Bad Economics' (2011) 19 AJCCL 147
Louis Kaplow, 'Market Share Thresholds: On the Conflation of Empirical Assessments and Legal Policy Judgments' (2011) 7(2) Journal of Law and Economics 243-276
Rod Sims, ACCC: Future Directions (speech to Law Council Competition and Consumer Workshop 2011, Gold Coast, 27 August 2011)
Rod Sims, Some Perspectives on Competition and Regulation (Melbourne Press Club, 10 October 2011) (external link)
Rod Sims, Is competition a myth? (speech to the Australian Economic Forum, Sydney, 23 September 2011
2010
Stephen Corones, 'Market Definition in the age of the internet' (2010) 38 Australian Business Law Review 309
Justice Greenwood, ‘Recent Developments in Market Definition’, 2010 Competition Law Conference, Sydney, 29 May 2010
OECD Report - Towards a Seamless National Economy (2009 Review of Regulatory Reform: Australia)
OECD Policy Brief - Competition 2010
Graeme Samuel, 'Competition with compassion - Australia's Economic Success Story', 2010 Costello Lecture - Monash University Law School, 24 November 2010, Melbourne
Rhonda Smith, 'Market definition: Going, going, gone? Developments in the United States' (2010) 18 Competition and Consumer Law Journal 119
Cam Truong,
'Transnational commerce and the problem of market definition'
(2010) 18 Trade Practices Law Journal 254
Cento Veljanovski, 'Counterfactual Tests in Competition Law' (2010) 4 Competition Law Journal (download from SSRN) (focus on Europe and UK, but relevant to Australia)
2009
Daniel Clarry, 'Contemporary approaches to market definition: Taking account of international markets in Australian competition law' (2009) 37 Australian Business Law Review 143
Cento Veljanovski, Economists in Court: A Comparative Assessment of Procedures and Experience in Australia and England & Wales from an Economist's Perspective (December 7, 2009) (Working Paper)
2008
ACCC, ACCC inquiry into the competitiveness of retail prices for standard groceries (31 July 2008)
Justice French, 'Expert testimony, opinion argument and the rules of evidence' (FCA) [2008] FedJSchol 4
2007
ACCC, Report of the ACCC inquiry into the price of unleaded petrol (December 2007)
Justice Middleton, 'Expert Economic Evidence' (FCA) [2007] FedJSchol 21
2004
Justice French, 'Competition Law – Covering a Multitude of Sins
', Competition Law Conference
Sydney (15 May 2004)
Senate Economics References Committee, Report on The effectiveness of the Trade Practices Act 1974 in protecting small business (March 2004)
2003
Dawson Report - Review of the Competition Provisions of the Trade Practices Act (January 2003)
Roger Featherston,
"Checks and Balances on the ACCC's Powers"
(2003) 26 University of New South Wales Law Journal 296
McEwin, 'Competition Law in a Small Open Economy' (2003) 26 UNSW Law Journal 246
2002
Maureen Brunt, Submission number 183 to the Dawson Review, 28 August 2002 (on the issue of market definition)
Wilkinson Report - Review of the impact of Part IV of the Trade Practices Act 1974 on the recruitment and retention of medical practitioners in rural and regional Australia (November 2002)
2000
Allan Fels, 'The Benefits of Institutional Integration: Antitrust Enforcement and Regulatory Interventions in Australia' (paper presented at Competition Policy in Italy: The Ten-Year Anniversary of the Italian Antitrust Law, Rome, 9 October 2000 [download from ACCC site]
1998
Peter Allport, 'Natural Monopoly Regulation in New Zealand' in Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)
David Briggs and Richard Scheelings, 'Taking Dynamics Seriously in Competition Regulation' in Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)
1997
John Creedy and Robert Dixon, 'The Distributional Effects of Monopoly', The University of Melbourne, Department of Economics, Research Paper Number 576, July 1997
1995
Robert Dixon, 'Empirical Estimates of the Social Cost of Monopoly: A Brief Survey', The University of Melbourne, Department of Economics, Research Paper Number 490, November 1995
1993
Hilmer Report - National Competition Policy: Report by the Independent Committee of Inquiry (August 1993)
1990
Maureen Brunt,
'Market Definition Issues in Australian and New Zealand Trade Practices Litigation'
(1990) 18 Australian Business Law Review 86-128
1976
Swanson Report -
Trade Practices Act Review Committee
Report to the Minister for Business and Consumer Affairs (August 1976)
Cartels (including criminalisation) and anti-competitive agreements
2011
Bob Baxt AO, Nathan Kiratzis and Matthew Eglezoz, 'Price signalling legislation - the government releases its proposal'
(2011) Issue 628, Australian Trade Practices News, 13 January 2011, page 6
Sara Brooks, 'Regulation of anticompetitive "understandings" and price signalling in Australia - a European perspective' (2011) 39 Australian Business Law Review 309
Patrick Durkin,
'Banks irate over price signalling',
The Australian Financial Review, Friday 14 January 2011, page 3
B Fisse, 'Misleading, Deceptive and Bankrupt: The Second Reading Speech on the Competition and Consumer Amendment Bill (No 1) 2011' (24 September 2011)
Brent Fisse, 'Private disclosure of price-related information to a competitor "in the ordinary course of business: A new slippery dip in the political playground of Australian competition law (working paper)
Brent Fisse and Caron Beaton-Wells, 'Private disclosures of price-related information to a competitor "in the ordinary course of business": A new slippery dip in the political playground of Australian Competition Law' (2011) 39 Australian Business Law Review 367-379
B Fisse and C Beaton-Wells, 'The Competition and Consumer Amendment Bill (No. 1) (Exposure Draft): A Problematic Attempt to Prohibit Information Disclosure' (2011) 39(1) Australian Business Law Review 28
The Hon Justice Michelle Gordon, 'Criminalisation of Cartel Conduct' (2011) 34 Australian Bar Review 177
Kon Stellios and Caterina Cavallaro, 'Immunity: A dilemma for both whistleblowers and the ACCC' (2011) 19 AJCCL 163
I S Wylie, 'Cartel compensation - a consumer perspective' (2011) 39 ABLR 177
2010
Caron Beaton-Wells and Brent Fisse, 'Broadening the Definition of Collusion: A Call for Caution' (2010) 38 Federal Law Review 72
The Cartel Project (Caron Beaton-Wells, Fiona Haines, Christine Parker and Chris Platania-Phung), 'Report on a Survey of the Australian Public Regarding Anti-Cartel Law and Enforcement (December 2010)
Caron Beaton-Wells and Brent Fisse, 'U.S. Policy and Practice in Pursuing Individual Accountability for Cartel Conduct: A Preliminary Critique' (2010) Antitrust Bulletin
Caron-Beaton-Wells and Fiona Haines, 'The Australian Conversion: How the Case for Cartel Criminalisation Was Made' (2010) New Journal of European Criminal Law
Julie Clarke, 'Running a Cartel? Go Directly to Jail' (May 2010) Law Institute Journal 52
Julie Clarke, The increasing criminalization of economic law – a competition law perspective, Workshop paper presented at 28th International Symposium on Economic Crime 2010, Jesus College, University of Cambridge, 9 September 2010
Matthew Eglezos, 'Recovering cartel damages: The passing-on defence under the Trade Practices Act' (2010) 38 ABLR 174
Brent Fisse and Caron Beaton-Wells, Submission to the Competition and Consumer Amendment Bill (No 1) Exposure Draft (re: price signalling)
Richard Owens, 'Criminalisation of Cartels in Australia' (1 March 2010) at SSRN
Ian Wylie, 'Cartel output restrictions – construction and common sense collide and particularity problems with ‘persons’ under the Trade Practices Act 1974' (2010) 38 Australian Business Law Review 23
2009
Caron Beaton-Wells and Brent Fisse, 'Criminal Cartels: Individual Liability and Sentencing' (June 2009) University of Melbourne Legal Studies Research Paper No 415 (SSRN)
Caron Beaton-Wells and Brent Fisse, 'The Cartel Offences: An Elemental Pathology' (June 2009) University of Melbourne Legal Studies Research Paper No. 414 (SSRN)
Caron Beaton-Wells and Fiona Haines, 'Making Cartel Conduct Criminal: A Case-Study of Ambiguity in Controlling Business Behaviour' (2009) 42 Australian and New Zealand Journal of Criminology [at SSRN]
Marcus Bezzi, 'The Conduct of Cartel Litigation: The ACCC enforcement perspective on serious cartels - some key issues and practical considerations', Competition Law Conference, Sydney, 23 May 2009
Graeme Davidson, 'The Role of the CDPP in the Prosecution of the Proposed Cartel Offence', Competition Law Conference, Sydney, 23 May 2009
Brent Fisse, 'Avoidance and Denial of Liability for Cartel Conduct: A Pro-Active Non-Digger's Guide to Lawful Escape Routes', 2009 Competition Law Conference, Sydney, 23 May 2009
Brent Fisse, 'The Contract Requirement for the Joint Venture Exceptions under Sections 44ZZRO and 44ZZRP of the Cartel Bill, June 2009
Government, Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act (January 2009)
Ross McInnes and Mihkel Wilding, 'Bring it on! New challenges and opportunities in the pursuit of cartels in Australia' (2009) 17 Trade Practices Law Journal 167
Graeme Samuel, Cartel reform and compliance with the Trade Practices Act, Australian Corporate Lawyers Association National Conference, 13 November 2009, Melbourne
Graeme Samuel, 'The ACCC enforcement perspective on serious cartel conduct' (2009) 17 Trade Practices Law Journal 244
Senate Economics Committee, Report on the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (26 Feb 2009)
Rhonda Smith, Arlen Duke and David Round, 'Signalling, collusion and s 45 of the Trade Practices Act' (2009) 17 Competition and Consumer Law Journal 22-42
Alex Steele, 'What's to Know? The New Cartel Offence' (2009) 32(1) UNSWLR 216-226 (available at SSRN)
Ian Tonking SC,
From Coal Vend to Basic Slag: Winning the Hearts and Minds?
(2009) 32(1) University of New South Wales Law Journal 227
Justice Weinberg, 'Criminalisation of Cartel Conduct, Some Pre-Trial Management Issues', 3 April 2009, Joint Federal Court of Australia and Law Council of Australia workshop, Adelaide
2008
Caron Beaton-Wells, 'Criminalising Cartels: Australia’s Slow Conversion' (2008) 31 World Competition pp. 205-233
Caron Beaton-Wells, 'The Politics of Cartel Criminalisation: A Pessimistic View from Australia' (2008) 29 European Competition Law Review
Caron Beaton-Wells and Brent Fisse, 'The Australian Criminal Cartel Regime: A Model for New Zealand?' (2 August 2008), University of Melbourne Legal Studies Research Paper No 413 (SSRN)
Caron Beaton-Wells and Brent Fisse, 'Criminalising Serious Cartel Conduct: Issues of Law and Policy' [2008] UMelbLRS 3
Caron Beaton-Wells, Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 1) (2008) 16 Competition and Consumer Law Journal; U of Melbourne Legal Studies Research Paper No. 403
Caron Beaton-Wells, Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 2) (2008) 16 Competition and Consumer Law Journal; U of Melbourne Legal Studies Research Paper No. 404
Caron Beaton-Wells and Neil Brydges, The Cardboard Box Cartel Case: Was All the Fuss Warranted? (2008) 36 Australian Business Law Review, U of Melbourne Legal Studies Research Paper No. 393
Adrian Hoel, 'Crime does not pay but hard-core cartel conduct may: Why it should be criminalised' (2008) 16 Trade Practices Law Journal 102
Ian Tonking SC, 'Belling the CAU: Finding a substitute for "understandings" about Price' (2008) 16 Competition & Consumer Law Journal 46
Justice Weinberg, 'The Current and Proposed Criminal Jurisdiction of the Federal Court' (VSC) [2008] VicJSchol 14 - A paper presented at the Federal Criminal Law Conference
Sydney, Friday 5 September 2008
Ian Wylie, 'Understanding understandings under the Trade Practices Act 1974: an Enforcement Abyss?' (2008) 16 Trade Practices Law Journal 1
2007
Caron Beaton-Wells, 'Capturing the Criminality of Hard Core Cartels: The Australian Proposal' (2007) 31(3) Melbourne University Law Review [SSRN]
Brent Fisse, 'The Australian Cartel Criminalisation Proposals: An Overview and Critique' (2007) 4(1) Competition Law Review 51-71 (SSRN)
Brent Fisse, 'Unjustified Per Se Criminal and Civil Liability under the Trade Practices Act 1974 (Cth) for Supply Agreements Between Competitors' (2007) 32(1) University of New South Wales Law Journal 239
2006
V Comino, 'Civil or Criminal Penalties for Corporate Misconduct- Which Way Ahead?' (2006) 34(6) Australian Business Law Review 428-226 (at SSRN)
Brent Fisse, 'The Proposed Australian Cartel Offence: The Problematic and Unnessessary Element of Dishonesty', Sydney Law School Research Paper No 06/44 (2006) (from SSRN)
Warren Pengilley, 'What is required to prove a 'contract, arrangement or understanding'?' (2006) 13 Competition and Consumer Law Journal 241
Brendan Sweeney, 'The Role of Damages in Regulating Horizontal Price-Fixing: Comparing the Situation in the US, Europe and Australia' (2006) Melbourne University Law Review 837; [2006] MULR 26
2005
Julie Clarke, Criminal Penalties for Contraventions of Part IV of the Trade Practices Act (2005) 10 Deakin Law Review 141
David K Round and Leanne M Hanna, 'Curbing Corporate Collusion in Australia: The Role of Section 45A of the Trade Practices Act' [2005] MULR 7
2004
Working Party Report on Criminal Penalties for Cartel Behaviour (2004) (released December 2010)
2003
Julie Clarke and Mirko Bagaric, 'The Desirability of Criminal Penalties for Breaches of Part IV of the Trade Practices Act' (2003) 31 Australian Business Law Review 192-209
Exclusionary provisions (primary boycotts)
I S Wylie, 'What is an exclusionary provision? Newspapers, rugby league, liquor and beyond' (2007) 35 ABLR 33
Misuse of market power (including predatory pricing and price discrimination)
2011
Cento Veljanovski and Roger Featherston, 'Use of Market Power and Counterfactuals in New Zealand and Australian Competition Laws' (11 August 2011)
Frank Zumbo, 'The Blacktown Amendment: Dealing effectively with geographic price discrimination' (2011) 19 AJCCL 33
2010
Shirley Quo,
'Competition, monopoly and the role of intent in s 2 of the Sherman Act: Lessons from abroad'
(2010) 38 Australian Business Law Review 270
2009
Julie Clarke, 'Australia's Radical Predatory Pricing Reforms: What business must know' (2009) 1(2) Competition Law Reports 86-92 (India)
Justice Middleton, 'The Trade Practices Legislation Amendment Act 2008 (Cth) and s 46 of the Trade Practices Act 1974 (Cth) - will anything really change?' (FCA) [2009] FedJSchol 12
2008
Julie Clarke, 'Australia's Radical Predatory Pricing Reforms: What business must know' (2008) 1 Deakin Business Review 6
Arlen Duke, 'The need to close the ‘take advantage’ gap in the regulation of unilateral anti-competitive conduct' (2008) 15 Competition and Consumer Law Journal 284-301
Arlen Duke and M. Richardson, 'Music markets and bad actors in copyright and competition law'
Senate Standing Committee on Economics, Report on the Trade Practices Amendment Bill 2008 [Provisions] (August 2008)
2006
Kathryn McMahon, Competition Law, Adjudication and the High Court [2006] MULR 25; 30(3) Melbourne University Law Review 782
2005
Margaret Brock, ‘Section 46 of the Trade Practices Act – has the High Court made a “u-turn” on “taking advantage”?’ (2005) 33 Australian Business Law Review 327
Margaret Brock and Monica Keneley, Section 46: Where we have been and where we are going: a review of the recent debate' (2005) 24(2) Economics Papers 175; Section 46: The High Court, Dawson and The Senate: A Review of the Recent Debate' (Working Paper, September 2004)
Ian Wylie, 'When is Bundling Illegal under s 46 or s 47 of the Trade Practices Act' (2005) 33 Australian Business Law Review 190.
2001
Philip Williams, 'Melway Publishing Pty Ltd v Robert Hicks Pty Ltd' [2001] MULR 27; (2001) 25 Melbourne University Law Review 831
Exclusive dealing
2011
I S Wyle, 'Not that old chestnut again - Third line forcing under the Competition and Consumer Act 2010' (2011) 19 CCLJ 18
2009
Deborah Healey, 'Third Line Forcing: Has the Problem Gone Away?' (2009) 32(1) University of New South Wales Law Journal 249
2006
Natasha Blycha and John Duns, 'Tying, bundling, loyalty rebates and exclusive dealing in US antitrust: What can Australia learn?' (2006) 14(1) Trade Practices Law Journal 26-42
2005
Ian Wylie, 'When is Bundling Illegal under s 46 or s 47 of the Trade Practices Act' (2005) 33 Australian Business Law Review 190
2001
Daniel Clough, 'Law and Economics of Vertical Restraints in Australia' [2001] MULR 20; (2001) 25 Melbourne University Law Review 551
Resale price maintenance
Warren Pengilley, 'Resale price maintenance: An overview of the per se ban in light of recent court observations' (2008) 16 Competition and Consumer Law Journal 1-45 (includes an extensive bibliography of RPM articles and books)
Julie Brebner, 'Resale Price Maintenance - The Need for Further Reform' (2001) 9 Trade Practices Law Journal 18
Geoff Edwards, 'When Should Resale Price Maintenance be Authorised? Guidelines for Use in Authorisation Decisions' (1996) 4 Trade Practices Law Journal 161
Yuankuo Wang and Mark J Davison, 'Resale Price Maintenance: is the Per Se Prohibition Justified?' (1992) 14 Adelaide Law Review 35
Mergers
2011
Case Associates (Cento Veljanovski), 'FOXTEL/Austar merger: Pay TV merger policy by political forecasting' (August 2011)
Stephen Corones,
'Counterfactual analysis in merger cases: a reality check for the ACCC'
(2011) 39 Australian Business Law Review 451
Bronwyn Gallacher, 'Emerging characteristics of Australia’s
supermarket industry - a case study for the
ACCC’s first ex-post assessment' (2011) 39 ABLR 147
Hon Peter Heerey QC,
'Shootout at the real chance cafe: Aiming at s 50'
(2011) 39 Australian Business Law Review 457
Emily McConnell, 'Coordinated effects - the emergence of a new
paradigm' (2011) 28 ABLR 159
Michael Pickford, 'Merger regulation in New Zealand: Did the change from dominance to a substantial lessening of competition make a difference?' (2011) 19 CCLJ 1
Hank Spier, 'A Deja Vu Tale of Two Grocery Markets' (2011) 19 AJCCL 143
Hui Yun Corinne Tan, 'Further reflections on the interpretations of private and public benefits in merger authorisation decisions' (2011) 19 CCLJ 38
2010
David K Round, Max Bessell and Manish Agarwal, 'Increasing shares in Australian Professional Services Markets: Is s 50 a barrier to growth by acquisition?' (2010) 38 ABLR 238
Senate Economics Legislation Committee, Report on the Competition and Consumer Legislation Amendment Bill 2010 [Provisions] (June 2010)
Senate Economics Legislation Committee, Report on the Trade Practices Amendment (Material Lessening of Competition - Richmond Amendment) Bill 2009 (13 May 2010)
Frank Zumbo, 'The Dangers of Anti-Competitive Mergers and Creeping Acquisitions: The Case for the Richmond Amendment' (2010) 18 Trade Practices Law Journal 106
2009
Henry Ergas, Eric Kodjo Ralph and Alex Robson, The ACCC Merger Guidelines: A Review, 23 June 2009 (at SSRN http://ssrn.com/abstract=1424721)
Henry Ergas, Eric Kodjo Ralph and Alex Robson, 'The ACCC Merger Guidelines: A reader's manual' (2009) 17 Competition and Consumer Law Journal 192
Government - Discussion Paper, Creeping Acquisitions - The Way Forward (6 May 2009)
Stephen P King, 'The 2008 ACCC Merger Guidelines: How and Why Have They Changed?' (2009) 32(1) UNSW Law Journal 263
Dave Poddar, 'Recent Changes to the Australian Merger Control Regime - How the Changes Have Operated in Practice' (2009) 32(1) University of New South Wales Law Journal 275
Dave Poddar, 'The Failing Firm: Its place under Australian merger control' (2009) 17 TPLJ 252
Luke Woodward and Romany Webb, 'Creeping regulation: An assessment of the prposal for a 'creeping acquisitions' prohibition' (2009) 17 Competition and Consumer Law Journal 141
2008
Government - Discussion Paper, Creeping Acquisitions (1 September 2008)
Senate Standing Committee on Economics, Report on the Trade Practices (Creeping Acquisitions) Amendment Bill 2007 [2008] (August 2008)
2007
Arlen Duke, 'A more efficient use of efficiencies in merger authorisation determinations' (2007) 35 Australian Business Law Review 278 - 292
2006
Caron Beaton-Wells, 'Mergers without markets? Unilateral effects analyisis in the United States and its prospects in Australia'(2006) 34 ABLR 186 (available at SSRN)
Julie Clarke, ‘Multi-jurisdictional merger review procedures: a better way’ (2006) 14 Trade Practices Law Journal 90-109
2003
Julie Clarke, 'The Dawson Report and Merger Regulation' (2003) 8(2) Deakin Law Review 245
Philip Williams and Graeme Woodbridge, 'Antitrust Merger Policy: Lessons from the Australian Experience', NBER Working Paper Series, Vol w9600 (2003), available for purchase from SSRN
2002
Julie Brebner, ‘The Relevance of Import Competition to Merger Assessment in Australia’ (2002) 10(2) CCLJ 119-143
Philip Williams and Graeme Woodbridge, 'The Relation of Efficiencies to the Substantial Lessening of Competition Test for Mergers: Substitutes or Complements?' (2002) 30 Australian Business Law Review 435
2000
Teresa Fels, Joshua S Gans, Stephen P King, 'The Role of Undertakings in Regulatory Decision-Making' (2000) 33(1) The Australian Economic Review 3-16
Pre-2000
Cooney Report - Mergers, Monopolies and Acquisitions, Senate Standing Committee on Legal and Constitutional Affairs: Adequacy of the existing legislative controls in the Trade Practices Act over mergers and acquisitions (December 1991)
Allan Fels, 'The ACCC's Attitude to Mergers' in Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)
Griffiths Report - Mergers, Takeovers and Monopolies: Profiting from Competition?,
Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs (May 1989)
Brian Johns, 'Threshold Tests for the Control of Mergers: The Australian Experience' (1994) 9 Review of Industrial Organization 649-670
Ross Jones, 'Mergers and competition in a global environment' (paper presented at Victorian Commonwealth Executive Forum: Get Started Today, Tomorrow Starts Now,
31st August 2000) [download from ACCC web site]
Alan Moran, 'Regulating Mergers and Access to Essential Facilities' in Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)
A I Tonking, 'Section 50 - Controlling Mergers into the Future' (1992) 20 Australian Business Law Review 285
Robertson Wright, 'Aspects of the Extraterritorial Application of Sections 50 and 50A of the Trade Practices Act' (April 1992) Australian Business Law Review 152
Access
2011
Thomas Jones and Sarah Godden, 'Is there a future for Part IIIA after Fortescue?' (2011) 19 AJCCL 181
Hashini Panditharatne, 'The Queensland Rail Access Regime: The National Competition Council's Recommendation' (2011) 19 AJCCL 41
Niloufer Selvadurai, "Enhancing the effectiveness of telecommunications access regulation: Moving from a "negotiate-arbitrate" to an "up-front
decision" model" (2011) 39 Australian Business Law Review 297
Rod Sims, Competition and regulating monopolies: some perspectives from the ACCC (Western Australian Chamber of Commerce and Industry, 15 November 2011)
2010
Jo Daniels,
'Part IIIA of the Trade Practices Act: Reflections after Fortescue'
(2010) 18 Competition and Consumer Law Journal 165
Ted Hill, 'The 2010 Amendments to Part IIIA: Have we got the balance right?' (2010) 18 Competition and Consumer Law Journal 190
Senate Economics Legislation Committee, Report on theTrade Practices Amendment (Infrastructure Access) Bill 2009 (9 March 2010)
2001
Productivity Commission's Review of the National Access Regime
Inquiry (Report No. 17, September 2001)
1998
Alan Moran, 'Regulating Mergers and Access to Essential Facilities' in Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)
Administration and penalties
Note - for discussion of cartel criminal penalties see cartels.
2009
Ian Wylie, 'When too much power is barely enough – section 155 of the Trade Practices Act 1974 and noblesse oblige' (2009) 16 Competition and Consumer Law Journal 314
2008
Justice Weinberg, 'The Current and Proposed Criminal Jurisdiction of the Federal Court' (VSC) [2008] VicJSchol 14 - A paper presented at the Federal Criminal Law Conference
Sydney, Friday 5 September 2008
2007
Justice French, 'Declarations - Homer Simpson's remedy - Is there anything they cannot do?' (30 November 2007) University of Western Australia - Faculty of Law - Perspectives on Declaratory Relief (includes mention of Part IIIA of the TPA)
2006
Brendan Sweeney, 'The Role of Damages in Regulating Horizontal Price-Fixing: Comparing the Situation in the US, Europe and Australia' (2006) Melbourne University Law Review 837; [2006] MULR 26
1999
Karen Yeung, 'Quantifying Regulatory Penalties: Australian Competition Law Penalties in Perspective' (1999) 23 Melbourne University Law Review 440 [
view at AustLII]
Authorisation and notification
Geoff Edwards, 'When Should Resale Price Maintenance be Authorised? Guidelines for Use in Authorisation Decisions'
(1996) 4 Trade Practices Law Journal 161
Misc
Arlen Duke, 'Broadening the extraterritorial reach of Australia's cartel prohibition: Adopting the 'effects' doctrine without the negative effects'
(2010) 38 Federal Law Review 97-142
Brendan Sweeney, 'The Constitutional basis of the Competition Code' (2001) 27(1) Monash University Law Review 78-104
Cases
Australian Trade Practices Law Reports (ATPR)