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Reading room

By subject matter and publication type (view chronological listing)

 

Australian Competition Law Books

Casebooks

Textbooks

General books on Australian competition law and looseleaf publications

Annotated and consolidated legislation

Subject-specific

Other

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 competition law articles, conference papers, speeches and reports

Development of competition law and policy in Australia

 

Competition policy, practice and economics (including market definition)

[see also administration]

For more articles on policy see my International Competition Law: Policy Reading Room.

2016 (policy, practice and economics)

Peter Armitage, 'The evolution of the substantial lessening of competition test – a review of case law' (2016) 44 Australian Business Law Review 74

External linkFiona Crosbie and David Brewster, 'Competition law: The government's response to the Harper Report' (Feb 2016) 68(1) Governance Directions 44-47

James Duffy, 'When does market power derive from excess capacity?' (2016) 24(1) Competition and Consumer Law Journal 48

John Kench, 'Substantial Lessening of Competition' (Competition Law Conference, Sydney, 21 May 2016)

Justice John Mansfield, 'Every time I find the meaning of life, they change it!' (Competition Law Conference, Sydney, 21 May 2016)

External linkMiller AM, Russell, On the Road to Improved Social and Economic Welfare: The Contribution of Australian Competition and Consumer Law Reform (Centre for Strategy and Voernance, Australian Academ of Law, 15 April 2016)

2015 (policy, practice and economics)

External linkCaron Beaton-Wells, 'The Harper Review: Qualified Hope for Australian Competition Law' (December 2015) 48(4) Australian Economic Review 417-427

External linkTyrone Berger, 'Road to failure is paved with good excuses: Calls (again) to repeal s 51(3) of the Competition and Consumer Act 2010' (2015) 28(7) Australian Intellectual Property Law Bulletin 

Allan Fels, 'Current Issues in Competition Policy' 48(4) Australian Economic Review 410

External linkAllan Fels and Matthew Lees, 'Unconscionable conduct in the context of competition law with special reference to retailer / supplier relationships within Australia' (Presented to the 10th ASCOLA Conference, Meiji University, Tokyo, Japan, 21-23 May 2015)

externallink Brent Fisse, 'The Australian Competition Policy Review Final Report 2015: Sirens' Call or Lyre of Orpheus?' (NZ Competition Law & Policy Institute, 26th Annual Workshop, Auckland, 16 Oct 2015)

French, The Moving Finger Writes and, Having Writ, Rewrites, Bannerman Lecture, Sydney, 26 February 2015

Rotem Gerchcovich and Ben Morawetz, 'Awaiting the Harper Review Final Report - some key issues for competition law' (2015) 31(2) Competition and Consumer Law News 27

Barbora Jedličková and Julie Clarke, 'Australia' in Pierre Kobel, Pranvera Këllezi and Bruce Kilpatrick (eds) Antitrust in the Groceries Sector & Liability Issues in Relation to Corporate Social Responsibility, LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, Springer Publishing (2015)

Stephen King, 'Competition Policy and the Competition Policy Review' (2015) 48(4) Australian Economic Review 402

externallink Alexandra Merrett and Rhonda Smith, Here there be dragons: The pros & cons of overseas adventures' (April 2015) 22(1) The State of Competition (PDF)

externallinkKerrie Round and Martin Shanahan, From Protection to Competition: The politics of trade practices reform in Australia' (The Federation Press, 2015)

Nick Seddon, 'Government exemption from competition and consumer law: Has Harper patched the holes?' (2015) 23 Australian Journal of Competition and Consumer Law 181

externallink Rod Sims, 'Priorities 2015' (Speech at CEDA, Sydney, 19 February 2015)

Peter Sise, 'The final report of the Competition Policy Review and Pt IV of the Competition and Consumer Act' (June/July 2015) 31(3&4) Competition and Consumer Law News 38

Hank Spier, 'Commission cameos: A trio of Harper issues' (2015) 23 Australian Journal of Competition and Consumer Law 215

Michael Terceiro, 'Broad markets give less room to move — Coles’ proposed acquisition of Supabarn' (2015) 31(7) Competition and Consumer Law News 88

Martyn Taylor, 'Media and telecommunications: Competition law and digital disruption – insights for Australia' (2015) 43 ABLR 509

Martyn Taylor, 'Competition Law in High Technology Industries: Insights for Australia' (Competition Law Conference, Sydney, 30 May 2015)

Nigel Wilson, ‘Competition law in Australia under review - antitrust reforms in the age of Asia, ageing and the digital revolution’ (2015) 36(3) European Competition Law Review 132

Danielle Wood, 'Giving competition a sporting chance? The role for antitrust laws in promoting competition from new sporting leagues in Australia and the United States' (2015) 43 Australian Business Law Review 206

2014 (policy, practice and economics)

Robert Baxt AO, 'The Root and Branch Review of Competition Law and Policy' (2014) 42 ABLR 46

Robert Baxt AO, 'What can we expect from the Root and Branch Review of Competition Law and Policy?' (2014) 88 Australian Law Journal 100

Caron Beaton-Wells, 'The ACCC: Roots and Branches - Proposals to Enhance ACCC Effectiveness' (2014) 42 Australian Business Law Review 414-435

David J Brennan, 'Shifting shades of grey - International price discrimination and Australian copyright law'(2014) 22 CCLJ 1

Minh Bui, 'Tribunal tableaux' (2014) 22 AJCCL 66

externallink Caroline Coops, Discussion of the Root and Branch Review - Substantial Lessening of Competition Test (University of South Australia 12th Annual Competition and Consumer Law Workshop 2014, 10-11 October 2014, Crowne Plaza Adelaide)

externallink Caroline Coops and Sharon Henrick, 'Australia: Overview" in Global Competition Review, The Asia-Pacific Antitrust Review 2014 (GCR 2014)

Stephen Corones, 'Competition Policy Review: Draft recommendations on competition laws' (2014) 42(6) Australian Business Law Review 479

Arlen Duke, 'The Empire Will Strike Back: The Overlooked Dimension to the Parallel Import Debate' (2014) 37(3) Melbourne University Law Review 585

Allan Fels AO, Nick Taylor and Prudence Smith, 'Simplifying Australia's competition laws' (2014) 30(8&9) Competition and Consumer Law News 94

externallink Peter Harris, 'Competition Policy and Deregulation: challenges and choices' (Productivity Commission Chairman's speech from presentation to ANU public forum on 7 March 2014)

Deborah Healey, 'Australian experience with competition law: the state as a market actor' in Sokol D Daniel & ors (eds) Competition and the Role of the State (Stanford University Press) 2014, pages 205-223.

Mark Lewis, 'Supermarket private labels: Consumer dream or nightmare in disguise?' (2014) 22 AJCCL 98

Nick McHugh, Claire Forster and Charlotte Minogue, 'Supermarket fuel discount undertakings - greasing the wheels of competition?' (March 2014) 30(2) Competition and Consumer Law News 18

Natalie Naylor, 'Council considerations: The Council's work under the National Access Regime in 2013' (2014) 22 AJCCL 75

externallink Steven Rares, 'Competition, Fairness and the Courts' (Paper presented at the Competition Law Conference, 24 May 2014) (published as Steven Rares, 'Competition, fairness and the courts' (2014) 39 Aust Bar Rev 79.

Warwick Rothnie, 'Trade marks and parallel imports' (2014) 22 CCLJ 39

Rod Sims, 'Australian Competition and Consumer Commission priorities' (2014) 22(3) AJCCL 184

externallink Sims, 'Carbon, mergers and other issues' (13 October 2014) Annual Energy Users' Association of Australia Conference, Melbourne

externallink Rod Sims, 'Enhancing competition policy' (12 September 2014) Law Council of Australia, Competition & Consumer Committee AGM

externallink Rod Sims, 'Food and grocery and Australia's competition law' (1 October 2014) Australian Food and Grocery Council Industry Leaders Forum

externallink Rod Sims, 'The need to elevate competition in our public policy' (Speech at CEDA State of the Nation Conference, 23 June 2014)

externallink Sims, 'University of South Australia workshop: Regulator update' (10 October 2014) UniSA Competition and Consumer Law Workshop

Peter Sise, 'The Competition Policy Review releases its draft report' ' (2014) 30(8&9) Competition and Consumer Law News 110

Rhonda L Smith, 'Market definition and substitution options' (2014) 22(2) Competition and Consumer Law Journal 105

Hank Spier, 'Politics and the administration of the Australian competition and consumer law' (2014) 22 AJCCL 134

Alex Sundakov, 'Economic(s) Matters - What is the magic of market definition?' (2014) 22 AJCCL 162

Matthew E Taylor and Arlen Duke, 'Refocussing the parallel import debate' (2014) 22 CCLJ 21

I S Wylie, 'Roots, branches and other objects – one step beyond the Harper Review?' (2014) 42(6) Australian Business Law Review 436

2013 (policy, practice and economics)

Julie Clarke, 'Fortune Telling: Australian Competition Law in 2013' (CPI Antitrust Chronical, 15 January 2013)

Paulina Fishman, 'Australian competition law still trips over barriers to entry' (2013) 21(2) Australian Journal of Competition and Consumer Law 98-108

externallink Eleanor M Fox and Deborah Healey, 'When the State Harms Competition - The Role for Competition Law' (2013) NYU Law and Economics Research Paper No 13-11; UNSW Law Research Paper No 2013-31

externallink Chris Jose, Stephen P King and Graeme Samuel, 'An Agenda for Australia's National Competition Policy Inquiry' (Report, 11 November 2013)

Deborah Healey', 'The Political Economy of Competition Law in Asia: the Australian Position' in Williams (ed) The Political Economy of Competition Law in Asia (in press ) (Cheltenham UK Edward Elgar, 2013)

externallink Frederick G Hilmer, 'National Competition Policy: Coming of Age (Paper presented at Annual Baxt Lecture in Competition Law - Thursday 19 September 2013)

Now also published as: Professor Frederick G Hilmer AO, 'National Competition Policy: Coming of Age' (2014) 42 ABLR 36

Christopher C Hodgekiss SS, 'Cartels and the Competition and Consumer Act 2010 (Cth)' (2013) 27(3) Commercial Law Quarterly 8

externallink Alexandra Merrett and Rhonda L Smith, 'The Australian Grocery Sector: structurally irredeemable?' (Paper presented at the 'Supermarket Power in Australia' sypmosium (Melbourne, 1 August 2013)

externallink Alexandra Merrett, Rhonda Smith and Rachel Trindade, 'The consumer is king! (Out of sight, out of mind)', State of Competition (Issue 10 (Feb 2013))

externallink Monash Business Forum, 'Agenda for National Competition Policy Inquiry' (November 2013) (authored by Chris Jose, Stephen P King and Graeme Samuel)

Ben Morawetz, 'Mobility barriers and market power - determining the extent of entry or expansion under Australian law' (2013) 20 Competition & Consumer Law Journal 213

Hank Spier, 'We need a review of the TPA/CCA' (2013) 21(2) Australian Journal of Competition and Consumer Law 132-137 (includes handy review of past reviews)

Alex Sundakov, 'Should regulation try to replicate competitive markets?' (2013) 21(2) Australian Journal of Competition and Consumer Law 138-140

Martyn Taylor, 'Supermarkets and competition: intensifying regulatory attention?' (2013) 29(1)Competition and Consumer Law News 2

Madeline Taylor, 'Wrestling with Giants - a critical account of supermarket pwoer and competition law in Australia and the United Kigndom' (2013) 41 Australian Business Law Review 270

Frank Zumbo, 'Proposals for an ACCC makeover' (2013) 21(2) Australian Journal of Competition and Consumer Law 109-116

2009 (policy, practice and economics)

Rex Ahdar, 'An antitrust decalogue: The ten commandments of Australasian competition law' (2009) 37 ABLR 324

externallink Jenny Buchan and Kerry Gottlieb, 'A Practical Approach to Teaching and Assessing Part IV of the Trade Practices Act 1974 (Cth)' [2009] JlALawTA 14

Daniel Clarry, 'Contemporary approaches to market definition: Taking account of international markets in Australian competition law' (2009) 37 Australian Business Law Review 143

externallink 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 (policy, practice and economics)

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

T Leuner, 'Time and the dimensions of substitutability' (2008) 36 ABLR 327

Justice John Mansfield, 'Competition law issues for the professions' (FCA) [2008] FedJSchol 21
Speech to Nineteenth Annual Workshop of the Competition Law and Policy Institute of New Zealand

2005 (policy, practice and economics)

Caron Beaton-Wells, ‘Customer testimony and other evidence in Australian antitrust assessments - searching for the oracle’ (2005) 33(6) ABLR 451 [externallink see also [2005] UMelbLRS 2]

externallink Stephen G Corones, 'The uncertain application of competition law in health care markets' (2005) 33(6) Australian Business Law Review 407-428

externallink Justice Robert French, 'The role of the Court in competition law' (FCA) [2005] FedJSchol 4

externallink Greg Houston (Director, NERA), 'The Role of Quantitative Analysis In Competition Assessments (Federal Court/Law Council of Australia Seminar on Competition Law) (March 2005)

externallink Rhonda Smith, "The Australian grocery industry: a competition perspective" (2006) 50(1) The Australian Journal of Agricultural and Resource Economics 33 - 50 [SSRN link]

2004 (policy, practice and economics)

Judith Bessant, 'Legal Issues in Higher Education and the Trade Practices Act' (2004) 26(2) Legal Issues in Higher Education and the Trade Practices Act 251

Justice French, 'Competition Law – Covering a Multitude of Sins ', Competition Law Conference Sydney (15 May 2004)

externallink Senate Economics References Committee, Report on The effectiveness of the Trade Practices Act 1974 in protecting small business (March 2004)

2002 (policy, practice and economics)

externallink Maureen Brunt, Submission number 183 to the Dawson Review, 28 August 2002 (on the issue of market definition)

externallink Lynden Griggs, 'A Teleological Approach To Market Definition - Has It Led To Single Product Market Definition?' [2002] UNDAULawRw 4; (2002) 4 The University of Notre Dame Australia Law Review 77

Ross Jones, 'The Role of the ACCC in Australian Competition Policy' (2002) 35(4) The Australian Economic Review 430 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

Steven Kates, 'A Critique of the Role, Powers and Activities of the ACCC: The Business View' (2002) 35(4) The Australian Economic Review 438 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

Stephen P King, 'Reviewing the Trade Practices Act: The Dawson Committee Inquiry' (2002) 35(4) The Australian Economic Review 423-9 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

Vijaya Nagarajan, 'The Accommodating Act: Reflections on Competition Policy and the Trade Practices Act' (2002) 20(1) Law in Context 34

Rhonda L Smith, 'Possible Implications of the Dawson Inquiry for the ACCC' (2002) 35(4) The Australian Economic Review 446 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

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 (policy, practice and economics)

externallink 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]

1997 (policy, practice and economics)

John Creedy and Robert Dixon, 'The Distributional Effects of Monopoly', The University of Melbourne, Department of Economics, Research Paper Number 576, July 1997

externallink Lynden Griggs, 'Misuse of market power' [1997] LawIJV 310; (1997) 71(10) The Law Institute Journal 51

1996 (policy, practice and economics)

externallink David Brewster, 'Market Definition and Substitutability - Australian Courts Continue to Struggle with Part IV of the Trade Practices Act 1974 (Cth)' (1996) 12 QUTLJ 246-263

Stephen Corones, 'Is the adversary process appropriate in restrictive trade practices cases?' (1996) 24 Australian Business Law Review 71

1995 (policy, practice and economics)

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

George Hay, 'Market definition and market dominance: issues from the Davids/QIW case' (1995) 3 Competition & Consumer Law Journal 1.

George Hay, 'Market power in Australian antitrust: an American perspective' (1994) 1 Competition & Consumer Law Journal 215

externallink Ray Steinwall, "Competition Policy - A Stocktake" [1995] UNSWLawJI 26; (1995) 18(2) University of New South Wales Law Journal 493

1994 (policy, practice and economics)

J Blunt, R Shafron and B Keneally, 'From Arnotts to QIW - a study of expert evidence in trade practices cases' (1994) 1 Competition & Consumer Law Journal 181

Alan E Bollard, 'The Role of Antitrust in a Small Open Economy: The Commerce Act in New Zealand' (1994) 9 Review of Industrial Organization 671

Maureen Brunt, 'The Australian Antitrust Law After 20 Years - A Stocktake' (1994) 9 Review of Industrial Organization 483

externallink James Farmer, The Application of Competition Principles to the Organisation of the Legal Profession' [1994] UNSWLawJl 9; (1994) 17(1) University of New South Wales Law Journal 285

Justice R S French, 'Judicial Approaches to Economic Analysis in Australia' (1994) 9 Review of Industrial Organization 547-568

George Gear, 'A Minister's Perspective on Twenty Years of the Trade Practices Act' (1994) 9 Review of Industrial Organization 475

externallink Frederick G Hilmer, 'Foreword: The Bases of Competition Policy' [1994] UNSWLawJl 1; (1994) 17(1) University of New South Wales Law Journal ix

externallink J S Lockhart, 'Handling Trade Practices Cases' [1994] UNSWLawJl 10; (1994) 17(1) University of New South Wales Law Journal 298

externallink Jill McKeough and Stephen Teece, 'Collectivisation of Copyright Exploitation: Competition Issues' [1994] UNSWLawJl 8; (1994) 17(1) University of New South Wales Law Journal 259

Neville R Norman, 'Progress Under Pressure: The Evolution of Antitrust Policy in Australia' (1994) 9 Review of Industrial Organization 527-545

David K Round, 'Twenty Years of Modern Antitrust in Australia: She'll Be Right, Mate' (1994) 9 Review of Industrial Organization 459-473

externallink Ray Steinwall, 'The Liability of the Crown and Its Instrumentalities under the Trade Practices Act 1974 (Cth)' [1994] UNSWLawJl 11; (1994) 17(1) University of New South Wales Law Journal 314

1992 (policy, practice and economics)

K Yeung, 'The court-room economist in Australian antitrust litigation: an underutilised resource?' (1992) 20 Australian Business Law Review 461

1986 (policy, practice and economics)

Maureen Brunt, The use of economic evidence in antitrust litigation: Australia' (1986) 14 Australian Business Law Review 261

1985 (policy, practice and economics)

RM Bannerman, 'Development of Trade Practices Law and Administration' (1985) 18(3) Australian Economic Review 83

1984 (policy, practice and economics)

externallink Phillip Areeda, 'Twelfth Wilfred Fullagar Lecture: Antitrust and Market Alternatives to Regulation' [1984] MonashULawRw 1; (1984) 10(1) Monash University Law Review 1

Warren Pengilley, 'Competition Policy and Law Enforcement: Ramblings on Rhetoric and Reality' (1984) 2 Australian Journal of Law and Society 1

1983 (policy, practice and economics)

N Norman and P Williams, 'The analysis of market and competition under the Trade Practices Act: towards the resolution of some hitherto unresolved issues' (1983) 11 Australian Business Law Review 396

1977 (policy, practice and economics)

externallink Bruce Donald, 'A General Prohibition of Trading Restrictions' [1977] 8(1) Sydney Law Review 135

JP Nieuwenhuysen, 'Trade Practices Law Changes and the Institutions of Australian Economic Policy' (1977) 10(4) Australian Economic Review 56

1976 (policy, practice and economics)

Maureen Brunt, 'Legislation in Search of an Objective' in John Nieuwenhuysen (ed), Australian Trade Practices: Readings (2nd edn, 1976)

Swanson Report - Trade Practices Act Review Committee Report to the Minister for Business and Consumer Affairs (August 1976)

1974 (policy, practice and economics)

Robert Baxt and Maureen Brunt, 'The Murphy Trade Practices Bill: Admirable Objectives, Inadequate Means' (1974) 2 Australian Business Law Review 3

Robert Baxt and Maureen Brunt, 'A Guide to the Trade Practices Act 1974' (1974) 7(4) Australian Economics Review 5

JP Nieuwenhuysen, 'The Trade Practices Bill 1973' (1974) 7(1) Australian Economic Review 39

Donald W Hendon, 'Nobody Knows how Australian courts will interpret Trade Practices Act' (1974) 8(12) Marketing News

1969 (policy, practice and economics)

JP Nieuwenhuysen, 'The Trade Practices Act: Recent Developments and Some Proposals for Change' (1974) 2(4) Australian Economic Review 19

1965 (policy, practice and economics)

Maureen Brunt, 'The Trade Practices Bill: Legislation in Search of an Objective' (1965) 41 Economic Record 357

JE Richardson, 'The Trade Practices Bill: The Legal Framework' (1965) 41 Economic Record 341

J Hutton and JP Nieuwenhuysen, 'The Trade Practices Bill: The Tribunal and Australian Economic Policy' (1965) 41 Economic Record 341

 

Cartels (including criminalisation) and anti-competitive agreements

2016 (cartels and anti-competitive agreements)

Holly Yang Cao, 'Australia's Protected Cartel Information Scheme: Has the Right Balance Been Struck?' (2016) 24 Australian Journal of Competition and Consumer Law 197

Brent Fisse, 'Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge' (2016) 44 Australian Business Law Review 325

See also: External linkBrent Fisse, 'Facilitating Practices, Vertical Restraints and Most Favoured Customers' (Competition Law Conference, Sydney, 21 May 2016)

Matthew Garey and Jacqueline Ibrahim, 'Made in Japan, caught in Australia —A case note on ACCC v Yazaki Corporation & Anor (No. 2)' (2016) 32(1) Competition and Consumer Law News 144

Rebecca Gilsenan, 'Could the Harper Review recommendations revive private enforcement of cartel prohibitions?' (2016) 24 Australian Journal of Competition and Consumer Law 6

Ketki Kowal, 'An Electrifying Case: ACCC v Yazaki Corp (No 2)' (2016) 24 Australian Journal of Competition and Consumer Law 232

2015 (cartels and anti-competitive agreements)

External linkFrancina Cantatore and Brenda Marshall, 'Pitfalls in Proving Price-Fixing: Are Price-Signalling Laws the Answer?' (2015) 27(1) Bond Law Review

Andrew Christopher, 'Case note: Flight Centre Limited v Australian Competition and Consumer Commission' (2015) 31(7) Competition and Consumer Law News 93

Andrew Christopher and Thea Fabricius, 'In competition with each other? Implications of the apparently divergent outcomes in Flight Centre and ANZ' (2015) 23(1) Australian Journal of Competition and Consumer Law 6

Arlen Duke and Rhonda L Smith, 'The Harper Review Recommendations on Anticompetitive Agreements: Some Comments' (December 2015) 48 (4) Australian Economic Review 428

Lynsey Edgar, 'Financial rewards for cartel informants: A future approach to cartel detection in Australia?' (2015) 23 Competition and Consumer Law Journal 105

Ayman Guirguis and Asa Lam, 'ACCC alleges mining venture amounted to cartel conduct in theNSWGovernment’sMount Penny and Glendon Brook coal exploration licence tender process — ACCC v Cascade Coal Pty Ltd (No 1)' (August 2015) 31 Competition and Consumer Law News 21

Laura Guttuso, 'A view of the macrocosm of international cartel enforcement: How the boomerang of cross-border disclosure springs back to its domestic context' (2015) 43 Australian Business Law Review 27

Alexandra Merrett, 'ACCC opts for the long haul in Flight Centre but not ANZ' (2015) 31(8) Competition and Consumer Law News 98

Rhonda L Smith and Arlen Duke, 'Information exchange, hub and spoke arrangements and collusion' (2015) 43(2) Australian Business Law Review 81

Ian Stewart, 'Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor' (2015) 43 ABLR 474

Cento Veljanovski, ‘Australian air freight cartel case crashes: why did the New Zealand and Australian courts differ’ (2015) 36(3) European Competition Law Review 104

2014 (cartels and anti-competitive agreements)

externallink Stephen Corones, 'Agents as intermediaries: when to do they compete with their suppliers?' (2014) 42(1) ABLR 50-55

externallinkStephen Corones, 'Cartels – What are they and how to avoid being part of one: the implications of University fee deregulation', Australasian Association for Institutional Research Special Interest Group Forum (18-19 August 2014, Royal on the Park, Brisbane, Australia)

Michael Ferguson and Scott Meacock, 'Enforcements and Remedies: Cartel conduct: A survey of the ACCC's enforcement activity' (2014) 22 AJCCL 46

Jennifer Hambleton and Raymond Roca, 'Price-fixing in distribution relationships: ACCC v Flight Centre Ltd' (2014) 22 Australian Journal of Competition and Consumer Law 146

Nick McHugh, Claire Forster and Charlotte Minogue, 'Legitimate price management within a distribution channel, or cartel conduct? An important question posed by the Federal Court’s decision in ACCC v Flight Centre (No 2)' (2014) 30(1) Competition and Consumer Law News 6

Paul McLachlan, 'Not All Benefits are Services - Case Note; Australian Competition and Consumer Commission (ACCC) v Australia and New Zealand Banking Group Ltd' (2014) 22(1) AJCCL 61

Alexandra Merrett, 'The Flight Centre saga continues' (2014) 30(6) Competition and Consumer Law News 73

Marianna Parry and Richard Hobson, 'A snuggle for survival – the paradox of section 44ZZRD(3)(c): Restricting co-operation may mean restricting competition' (2014) 22 AJCCL 201

Peter Sise, 'Australian Competition Consumer Commission (ACCC) v Flight Centre Ltd (No 2): Implications for setting commissions and allocating geographic areas for selling agents' (2014) 30(7) Competition and Consumer Law News 88

Rhonda L Smith and Arlen Duke, 'Agreements and competition law in Australia' (2014) 22 CCLJ 55

External link Martyn Taylor and Claire Forster, 'Predatory buying to corner a market: ACCC v Cement Australia' (2014) 22 Australian Journal of Competition and Consumer Law 146

Ross Zaurrini and Alyssa Phillips, 'The ACCC takes action against Pfizer for alleged anti-competitive conduct' (March 2014) 30(2) Competition and Consumer Law News 20

2013 (cartels and anti-competitive agreements)

Caron Beaton-Wells, 'Immunity Policy: Revolution or Religion? An Australian Case-Study' [2013] UMelbLRS 2 (published in (2013) Journal of Antitrust Enforcement 1-44)

Caron Beaton-Wells, 'The ACCC Immunity Policy for Cartel Conduct: Due for Review' (2013) Australian Business Law Review 171

externallink Caron Beaton-Wells and Christine Parker, 'Justifying criminal sanctions for cartel conduct: A hard case' (2013) 1(1) Journal of Antitrust Enforcement 198

Michael Bradley, 'Airline cargo price fixing: cartel conduct gets sky-high penalties' (2013) 28(6) Competition and Consumer Law News 98

externallink Julie Clarke, 'The Federal Court of Australia hands down its first decision involving a bid rigging case after the entry into force of new cartel laws (Norcast v Braken)' (6 May 2013, e-Competitions) (download PDF document)

Brent Fisse, 'Bid-rigging and cartel conduct in private equity deals — Federal Court decision on the application of the Competition and Consumer Act' (2013) 28(8) Competition and Consumer Law News 122

externallink Brent Fisse, 'The Federal Court of Australia issues its first decision on cartel liability under the Competition and Consumer Act 2010: a wake up call to those doing private equity deals (Norcast v Bardken) (e-Competitions, No 51500, March 2013)

externallink Brent Fisse, 'New Zealand Government Proposes new Anti-cartel law with collaborative activity exemption that highlights flaws in Australian joint venture exemptions (e-Concurrences, 11 July 2013)

externallink Brent Fisse, 'The proposed NZ Anti-Cartel Law: A Key-Point Comparison (June 2013) (also published as Brent Fisse, 'The propsed NZ anti-cartel law: a key-point comparison' (2013) 28(10) Competition and Consumer Law News 156)

externallink Roger Gamble, 'The Cartel Penumbra: Where Public and Private Enforcement Policies Intersect' (2013) 42(1) Common Law World Review 23-47

Matthew Garey and James Gould, 'Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia SRL (No 5)' (2013) 28(9) Competition and Consumer Law News 142

externallink Anthony Gray, Bonnie T Nguyen and Andrew Wait, 'The Prodigal Corporation: an Analysis on the Effectiveness of the ACCC's Immunity Policy for Cartel Conduct' (2013) 52(1) Australian Economic Papers 38-51

Jennifer Hambleton, 'A bid-rigging arrangement, an exclusion from a competitive sale process and a former Premier' (2013) 21 AJCCL 211

Bill Keane, 'High Court holds that Garuda is not immune from jurisdiction in cartel action: PT Garuda Indonesia Ltd v ACCC' (2013) 21 AJCCL 52

externallink Christine Parker, 'The war on cartels and the social meaning of deterrence' (2013) 7(2) Regulation & Governance 174-194

Nicholas Wendon, 'Division 1A of the Competition and Consumer Act 2010 (Cth): A critique' (2013) 21 AJCCL 181

2012 (cartels and anti-competitive agreements)

externallink Caron Beaton-Wells & Christine Parker, 'Education Before Enforcement? Key Insights From Australian Cartel Research' (CPI Antitrust Chronicle, October 2012 (1))

externallink Caron Beaton-Wells, 'Normative Compliance: The Endgame' (CPI Antitrust Chronicle, February 2012(1))

Michael Bradley and Hannah Marshall, 'Exceptions to the cartel conduct rules' (2012) 27(7) Competition and Consumer Law News 248

externallink Fiona Haines and Caron Beaton Wells, 'Ambiguities in Criminalising Cartels: A Political Economy' (2012) 52 British Journal of Criminology 953-973

Christopher Hodgekiss SC, 'Case note: Bid-rigging in the Queensland construction and building industry: ACCC v TF Woollam & Sons Pty Ltd' (2012) 20 Australian Journal of Competition and Consumer Law 109

Nick McHugh and Claire Forster 'Cover pricing and bid rigging: illegal and on the ACCC's radar' (2012) 27(7) Competition and Consumer Law News 234

Nick McHugh and Belinda Webster, 'Price signalling to be prohibited in the banking sector' (2012) 27(7) Competition and Consumer Law News 226

externallink Alexandra Merrett and Rachel Trindade 'Flights of fancy or hard core cartels? When agents (allegedly) price fix' (November 2012) 8 The State of Competition

Nick Seddon, 'Holes in Hilmer re-visited: Government exemption from Australian competition and consumer law' (2012) 20/4 AJCCL 239

Kathryn Tomasic, 'Price signalling’ amendments to the Competition and Consumer Act 2010 (Cth): A principled response to the problem of tacit collusion?' (2012) 19 CCLJ 176

Tihana Zuk, 'Buying groups and risks under the Competition and Consumer Act' (2012) 27(9) Competition and Consumer Law News 289

2011 (cartels and anti-competitive agreements)

Bob Baxt AO, Nathan Kiratzis and Matthew Eglezoz, 'Price signalling legislation - the government releases its proposal' Australian Trade Practices News, 13 January 2011, page 6

Caron Beaton-Wells, 'Anti-cartel advocacy: how has the ACCC fared?' (December 2011) 33(4) Sydney Law Review 735

externallink Caron Beaton-Wells and Brent Fisse, 'U.S. Policy and Practice in Pursuing Individual Accountability for Cartel Conduct: A Preliminary Critique' (2011) 56(2) Antitrust Bulletin 277

Sara Brooks, 'Regulation of anticompetitive "understandings" and price signalling in Australia - a European perspective' (2011) 39 Australian Business Law Review 309

externallink Julie Clarke, ‘The increasing criminalization of economic law – a competition law perspective’ (2011) 19(1) Journal of Financial Crime 76-98

John Duns, 'Price Signalling: The proposed reforms' (2011) 19 AJCCL 274

Patrick Durkin, 'Banks irate over price signalling', The Australian Financial Review, Friday 14 January 2011, page 3

externallink Brent Fisse and Caron Beaton-Wells, 'The Continual Regulation of Continuous Disclosure: Information Disclosure Under the Competition and Consumer Amendment Bill (No 1)' (2011) 19 Competition and Consumer Law Journal 1-25

externallink 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

externallink Roger Gamble, 'Between a Rock and a Softer Place: Cartel Settlements in Australia and Canada' [2011] MonashULawRw 33; (2011) 37(3) Monash University Law Review 176

Robert McGregor and Dawnie Lam, 'Airlines Class Action: Full Federal Court Overturns Strike Out Judgment: Auskay International Manufacturing and Trade Pty Ltd v Qantas Airways Limited [2010] FCAFC 6' (2011) 36(1) Air and Space Law 79-82

The Hon Justice Michelle Gordon, 'Criminalisation of Cartel Conduct' (2011) 34 Australian Bar Review 177

Justice Geoffrey Nettle, 'Criminalisation of Cartel Conduct: Commentary' (2011) 18 CCLJ 213

Monali Pandey, 'ACCC v April International Marketing Services Australia Pty Ltd (No 8) [2011] ATPR 42-348' (2011) 19 AJCCL 206

externallink Paul Scott, 'The Purpose of Substantially Lessening Competition: The Divergence of New Zealand and Australian Law' (2011) 19 Waikato Law Review 168 (at SSRN)

Kon Stellios and Caterina Cavallaro, 'Immunity: A dilemma for both whistleblowers and the ACCC' (2011) 19 AJCCL 163

externallink Jade Winterton, 'Examining the effectiveness of sanctions in order to deter cartel conduct in Australia' (2011) 4 Global Antitrust Review

I S Wylie, 'Cartel compensation - a consumer perspective' (2011) 39 ABLR 177

2010 (cartels and anti-competitive agreements)

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

externallink Editors, 'An Overview of the Airline Cargo Cartel Cases' [2010] ANZAvBf 12; (2010) 53 Aviation Law Association of Australia and New Zealand Aviation Briefs 17

Matthew Eglezos, 'Recovering cartel damages: The passing-on defence under the Trade Practices Act' (2010) 38 ABLR 174

externallink Brent Fisse and Caron Beaton-Wells, Submission to the Competition and Consumer Amendment Bill (No 1) Exposure Draft (re: price signalling)

externallinkRichard Owens, 'Criminalisation of Cartels in Australia' (1 March 2010) at SSRN

Kate Watts and Tova Gordon, 'Cartel class actions: Recent developments in Australia' (2010) 18 Trade Practices Law Journal 81

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 (cartels and anti-competitive agreements)

externallink Caron Beaton-Wells and Brent Fisse, 'Criminal Cartels: Individual Liability and Sentencing' (June 2009) University of Melbourne Legal Studies Research Paper No 415 (SSRN)

externallink Caron Beaton-Wells and Brent Fisse, 'The Cartel Offences: An Elemental Pathology' (June 2009) University of Melbourne Legal Studies Research Paper No. 414 (SSRN)

externallink 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

externallink Brooke Dellavedova and Rebecca Gilsenan, 'Challenges in Cartel Class Actions' [2009] UNSWLawJl 52; (2009) 32(3) University of New South Wales Law Journal 1001

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)

externallink Martin P Shanahan and David K Round, 'Serious cartel conduct, criminalization and evidentiary standards: Lessons from the Coal Vend Case of 1911 in Australia' (Centre for Regulation and Market Analysis, School of Commerce, University of New South Wales)

externallink 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

externallink 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; [2009] UNSWLawJl 13

externallink 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 (cartels and anti-competitive agreements)

Caron Beaton-Wells, 'The Politics of Cartel Criminalisation: A Pessimistic View from Australia' (2008) 29 European Competition Law Review

Caron Beaton-Wells, 'Criminalising Cartels: Australia’s Slow Conversion' (2008) 31 World Competition pp. 205-233

externallink 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

externallink Justice John Mansfield, 'Litigation under the Trade Practices Act' [2008] FedJSchol12 (Speech to Law Society of South Australia, Trade Practices Conference, 22 May 2008)

Nick McHugh and Warren Pengilley, ‘Lessons From the Visy Case' [2008] 60(1) Keeping Good Companies 36

Ian Tonking SC, 'Belling the CAU: Finding a substitute for "understandings" about Price' (2008) 16 Competition & Consumer Law Journal 46

externallink 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

externallink Alex Wynn, ‘Richard Pratt and the Visy Executive Saga and the Class Action Against Amcor' [2008] 10(5) ADR Bulletin 91

2003 (cartels and anti-competitive agreements)

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

John Kench, 'Collective Bargaining: The Dawson Review's Assistance Package for Business Cartels' 26(1) University of NSW Law Journal 257

1994 (cartels and anti-competitive agreements)

David K Round and John J Siegfried, 'Horizontal Price Agreements in Australian Antitrust: Combatting Anti-Competitive Corporate Conspiracies of Complicity and Connivance' (1994) 9 Review of Industrial Organization 569

 

Exclusionary provisions (primary boycotts)

2002 (primary boycotts)

Lynden Griggs, 'Exlusionary provisions: The Full Federal Court awaits High Court deliberations - but is the solution to be found elsewhere?' (2002) 10 Competition and Consumer Law Journal

1997 (primary boycotts)

Lynden Griggs, 'News Ltd v ARL: the Birth of Superleague But the Death of Joint Ventures?' (1997) 5 Competition and Consumer Law Journal

Kathryn McMahon, 'Church Hospital Board or Board Room?: The Super League Decision and Proof of Purpose under section 4D' (1997) 5 Competition and Consumer Law Journal

Warren Pengilley, 'ARL v Super League: What does it mean for sporting organisations?' (1997) 5 Competition and Consumer Law Journal

Charles Sweeney, 'Professional sporting leagues and the cmpetition laws' (1997) 4 Competition and Consumer Law Journal

 

Misuse of market power (including predatory pricing and price discrimination)

2016 (misuse of market power)

Brent Fisse, 'Facilitating Practices, Vertical Restraints and Most Favoured Customers' (Competition Law Conference, Sydney, 21 May 2016)

External linkKatharine Kemp, 'A Comparative Analysis of Effects-Based Tests for Unilateral Anticompetitive Conduct' (draft 2016)

External linkKatharine Kemp, 'A Third Way: Objective Anticompetitive Purpose' (UNSW Law Research Paper No. 2016-22 ) (2016) (Submission to Treasury Discussion Paper on Options to Strengthen the Misuse of Market Power Law)

Sophie Matthiesson, 'How Will the Enforcement of Section 46 of the CCA Change under the Full Harper?' (2016) 24(4) Australian Journal of Competition and Consumer Law

Paul McLachlan, 'Margin Squeezes as a Misuse of Market Power' (2016) 24(4) Australian Journal of Competition and Consumer Law

Miller AM, Russell, 'The Ongoing Australian Struggle with Misuse of Market Power' (2016) 24 Australian Journal of Competition and Consumer Law 242

Philip Williams, 'QCMA, forty years on', Bannerman Competition Lecture (11 February 2016)

Luke Woodward and Matt Rubinstein, 'The use and misuse of section 46' (Competition Law Conference, Sydney, 21 May 2016)

2015 (misuse of market power)

Caroline Coops, 'A fly in the ointment for the ACCC? Implications of the Cement Australia decision for the interpretation of section 46' (2015) 23(2) Australian Journal of Competition and Consumer Law 83

Stephen Corones, 'Regulating unilateral supermarket misconduct as customer/acquirer of goods and services' (2015) 43 Australian Business Law Review 400

Thomas Faunce, 'Australian Competition and Consumer Commission v Pfizer: Evergreening and market power as a blockbuser drug goes off patent' (2015) 22(4) Journal of Law and Medicine 771

External linkAllan Fels and Matthew Lees, 'Unconscionable conduct in the context of competition law with special reference to retailer / supplier relationships within Australia' (Presented to the 10th ASCOLA Conference, Meiji University, Tokyo, Japan, 21-23 May 2015)

External linkKatharine Kemp, ''Taking Advantage' of Substantial Market Power, and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct' (2015) 41(3) Monash University Law Review 655 (SSRN version)

External linkKatharine Kemp, 'The Case Against 'French J's Arsonist' (2015) 43 Australian Business Law Review 228

James Lawrence, Alisha Jung and Leonora Tyers, 'Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd' (2015) 31(2) Competition and Consumer Law News 21

Alexandra Merrett, 'ACCC v Cabcharge: an end to a decade-long dispute?' (August 2015) Competition and Consumer Law News 79

externallink Rod Sims, 'Section 46: The Great Divide' (Competition Law Conference, Sydney, 30 May 2015)

Ian B Stewart, 'Contrary to Fact: The Use And Abuse Of The Counterfactual Test in Section 46 of The Competition and Consumer Act' (2015) 43 ABLR 6

Nicholas Twomey, 'Rural Press: A game of collusion' (2015) 43 ABLR 489

Suiyi Zhang, 'Market power in pharmaceutical antitrust cases - Australia’s approach contrasted' (June/July 2015) 31(3&4) Competition and Consumer Law News 56

2014 (misuse of market power)

Caroline Coops, 'A fly in the ointment for the ACCC - implications of the Cement Australia decision for the interpretation of section 46' (Paper, 2014 Competition Law Conference, 24 May 2014)

Stephen Corones, 'When should private property rights give way to the public interest' (2014) 42 ABLR 124

External linkKatharine Kemp, 'The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power' (2014) (UNSW Law Research Paper No. 2016-17)

Katharine Kemp, 'Uncovering the roots of Australia’s misuse of market power provision: Is it time to reconsider?' (2014) 42 ABLR 329

Sanil Khatri, 'The Harper Review's proposed effects test for misuse of market power' (2014) 30(8&9) Competition and Consumer Law News 120

James Laman and Marina Nehme, 'Section 46 of the Competition and Consumer Act: The need for change' (2014) 22 AJCCL 112

James Lawrence and Alisha Jung, 'ACCC v Pfizer: a bitter pill?' (2014) 30(8&9) Competition and Consumer Law News 105

George Raitt, 'Misuse of market power: Why policy objectives matter' (2014) 22(2) Competition and Consumer Law Journal 85

External link Martyn Taylor and Claire Forster, 'Predatory buying to corner a market: ACCC v Cement Australia' (2014) 22 Australian Journal of Competition and Consumer Law 146

Martyn Taylor, 'Predatory buying to corner a market: ACCC v Cement Australia Pty Ltd' (2014) 22 AJCCL 146

External link Rachel Trindade, Rhonda L Smith, Alexandra Merrett, 'Building better mousetraps: Harper’s re-write of section 46' (October 2014) 20 The State of Competition

Tjarda van der Vijver, 'Justifications and Anti-competitive Unilateral Conduct: An International Analysis' (2014) 37(1) World Competition 27–51 (includes comparative with Australia)

External link Philip L Williams, 'Notes on the proposed new s 46' (Discussion at Competition and Consumer Workshop, University of Adelaide, 11 October 2014)

Philip Williams, 'Should an effects test be added to s 46?' (Competition Law Conference, Sydney, 24 May 2014)

2013 (misuse of market power)

Ben Morawetz, 'Mobility barriers and market power - determining the extent of entry or expansion under Australian law' (2013) 20 Competition & Consumer Law Journal 213

Ian B Stewart, Misuse of Market Power in Australia (2013) (Amazon Kindle)

Martyn Taylor, 'Unilateral conduct: The historic and international context' (UniSA Competition Workshop, Centre for Regulation & Market Analysis, Adelaide, Australia, November 2013)

externallink Cento Veljanovski, 'Market Power and Counterfactuals in New Zealand Competition Law' (2013) Journal of Competition Law & Economics (although the focus is NZ, it includes comparisons with the approach taken to s 46 in Australia)

Cento Veljanovski, 'The Flawed Market Power Counterfactual' [2013] NZLJ 247

Philip Williams, 'The counterfactual test in s 46' (2013) 41(2) Australian Business Law Review 93

2012 (misuse of market power)

External link Elizabeth Avery, Luke Woodward, Adelina Widjaja and Morelle Bull, 'Australia' in Thomas Janssens and Thomas Wessely (eds), 'Dominance in 39 jurisdictions worldwide 2012' (Getting the Deal Through, 2011)

Adrian Coorey, 'Is "financial power" a distinct source of power from "market power" for the purpose of s 46 of the Competition and Consumer Act 2010 (Cth)?' (2012) 27(7) Competition & Consumer Law News 242

Adrian Coorey, 'Ticketek penalised $2.5 million: A reminder that misusing market power is taken seriously' (2012) 27(7) Competition & Consumer Law News 231

Andrew Honigman, Felicity Day and Anita Das, 'Recent developments in relation to s 46 of the Competition and Consumer Act' (14 June 2012) 642 Australian Competition & Consumer Law News 1-5.

Rhonda L Smith and David K Round, 'Do deep pockets have a place in competition analysis' (2012) 40 ABLR 348
Discusses s 46 with particular reference to the Boral and Rural Press cases.

Shirley Quo, 'Interpretation and application of the purpose test in s 46 of the Competition and Consumer Act 2010 - Part 2' (2012) 19 CCLJ 215

Michael Terceiro, 'ACCC v Ticketek - a non-event?' (2012) 64(3) Keeping Good Companies 158-161

2006 (misuse of market power)

Geoff Edwards, 'Small business reform to section 46: Panacea, placebo or poison?' (2006) 34 ABLR 255

Henry Ergas and Mitchell Landrigan 'Not another article about Section 46 of the Trade Practices Act' (2004) 32(6) Australian Business Law Review 415-435

John Fallon and Flavio M Menezes, 'Exclusionary conduct: Theory, tests and some relevant Australian cases' (2006) 13 Competition and Consumer Law Journal 197

Kathryn McMahon, Competition Law, Adjudication and the High Court [2006] MULR 25; 30(3) Melbourne University Law Review 782

Michael Salvagno, 'Institutional Mismatch and the Inevitably Failed Operation of Section 46 of the Trade Practices Act' (2006) 65(4) Australian Journal of Public Administration 97-106

Ian B Stewart, 'When should competitors give their rivals access to services provided by facilities or telecommunications services? An examination of the rationale and means of access under Part IIIA and Part XIC of the Trade Practices Act and the potential role of section 46' (2006) 34 ABLR 322

2005 (misuse of market power)

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)

externallink Dale Clapperton and Stephen Corones, 'Locking in Customers, Locking out Competitors: Anti-Circumvention Laws in Australia and Their Potential Effect on Competition in High Technology Markets' [2006] MelbULawRw 22; (2006) 30(3) Melbourne University Law Review 657

Ian B Stewart, 'Taking Advantage of Market Power in Section 46 of the Trade Practices Act' (2005) 33 ABLR 343

Ian Wylie, 'When is Bundling Illegal under s 46 or s 47 of the Trade Practices Act' (2005) 33 Australian Business Law Review 190.

2004 (misuse of market power)

Stephen Corones, 'Has the High Court crippled the effectiveness of s 46 of the Trade Practices Act?' (2004) 32 ABLR 142

Henry Ergas and Mitchell Landrigan, 'Not another article about section 46 of the Trade Practices Act!' (2004) 32 ABLR 415

externallink Joshua S Gans, Rajat Sood and Philip L Williams, 'The Decision of the High Court in Rural Press: How the literature on credible threats may have materially facilitated a better decision' (25 March 2004, Revised 23 June 2004)

externallink Joshua S Gans, 'Concentration-Based Merger Tests and Vertical Market Structure' (August 2005, Working Paper)

Frances Hanks, 'Intellectual Property and Price Discrimination: a challenge for Australian competition law' (2004) 16 Information Economics and Policy 113-134

M Landrigan, A Peters and J Soon, 'An Effects Test under s 46 of the Trade Practices Act: Identifying the Real Effects' (2002) 9 Competition and Consumer Law Journal 258

Anthony Niblett, Joshua S Gans and Stephen S King, 'Structural and behavioural market power under the Trade Practices Act: An application to predatory pricing' (2004) 32 ABLR 83

Frank Zumbo, 'The High Court's Rural Press decision: The end of s 46 as a deterrent against abuses of market power?' (2004) 12 Trade Practices Law Journal 126

2003 (misuse of market power)

externallink Stephen Corones, 'Technological Tying in the Computer Industry: When Does it Contravene Section 46 of the Trade Practices Act' [2003] QUTLawJJl 4; (2003) 3(1) Queensland University of Technology Law and Justice Journal 47

External linkFiona Crosbie & Bashi Kumar, 'Trade Practices in 2003 & A Spotlight on the Dawson Inquiry: Misuse of Market Power & Unconscionable Conduct' (Allens Arthur Robinson, 27 February 2003)

George A Hay, 'Boral - free at last' (2003) 10 CCLJ

externallink Mitchell Landrigan, 'Great(er) Expectations' (2003) 26(1) University of New South Wales Law Journal 276

Christopher J Pleatsikas, 'An economic interpretation of recent American and Australian judicial decisions on predatory pricing' (2003) 11 Trade Practices Law Journal 12

Rhonda L Smith and Rachel Trindade, 'The High Court on Boral: A return to the past?' (2003) 10 CCLJ

2001 (misuse of market power)

Daniel Clough, 'Misuse of market power – would or could in a competitive market?' (2001) 29 Australian Business Law Review 311

Stephen Corones, 'Section 46 of the Trade Practices Act: What are the Rules of Battle?' (2001) 29 ABLR 175

Stephen Corones, 'Section 46 of the Trade Practices Act: Rules of Battle Revisited' (2001) 29 ABLR 252

David Howarth, 'Predatory Pricing after Boral: Let the Games Begin' (2001) 9 Competition & Consumer Law Journal 1

Michael O'Bryan, 'Section 46: Legal and economic principles and reasoning in Melway and Boral' (2001) 8 Competition and Consumer Law Journal

Rhonda Smith and David K Round, 'Puberty Blues of Competition Analysis: Section 46' (2001) 9 Competition & Consumer Law Journal 189

Philip Williams, 'Melway Publishing Pty Ltd v Robert Hicks Pty Ltd' [2001] MULR 27; (2001) 25 Melbourne University Law Review 831

Robertson Wright and Michelle Painter, ‘Recent developments in the application of s 46: Melway and Boral considered’ (2001) 21 Australian Bar Review 105

2000 (misuse of market power)

externallink John Duns, 'Case Commentary: Melway Publishing Pty Ltd v Robert Hicks Pty Ltd' (2000) 6 High Court Review 1

Warren Pengilley, 'Misuse of Market Power: The Unbearable Uncertainties Facing Australian Management' (2000) 8 TPLJ 56

1998 (misuse of market power)

Richard Dammery, 'Section 46 of the Trade Practices Act: The Need for Prospective Certainty" (1998) 6 Competition and Consumer Law Journal 246

A Sceales, 'Predatory Pricing Revisited' (1998) 6 Trade Practices Law Journal 142

I Stewart, 'The Economics and Law of Section 46 of the Trade Practices Act' (1998) 26 ABLR 111

1994 (misuse of market power)

externallink George A Hay and Kathryn McMahon, 'The 'Duty to Deal' under Section 46: Panacea or Pandora's Box?' [1994] UNSWLawJl 3; (1994) 17(1) University of New South Wales Law Journal 54

Ravi P Kewalram, 'The Essential Facilities Doctrine and Section 46 of the Trade Practices Act: FIne-tuning the Hilmer Report on National Competition Policy' (1994) 2 Trade Practices Law Journal 188

Philip Williams, 'The Exercise of Market Power: Its Treatment under the Australian and New Zealand Statutes' (1994) 9 Review of Industrial Organization 607

1993 (misuse of market power)

Martin Algie, 'Does Australian law recognise "predatory pricing"?' (March 1993) Law Institute Journal 161

1990 (misuse of market power)

externallink Frances Hanks and Philip L Williams, 'Implications of the decision of the High Court in Queensland Wire' [1990] 17(3) Melbourne University Law Review 437

V Nagarajan, 'The regulation of predatory pricing within the Trade Practices Act' (1990) Australian Business Law Review.

1989 (misuse of market power)

Robert Baxt, 'Market Dominance of Market Power' [1989] 1 Comm LQ 15

Robert Baxt, 'Status Quo for Trade Practices Merger and Misuse of Market Power Provisions Recommended by the House of Representatives Standing Committee on Legal and Constitutional Affairs - A short-term Solution?' (1989) 63 ALJ 777

Stephen R Corones, 'Identifying a Misuse of Market Power in Relation to s 46 of the Trade Practices Act' (1989) 17 ABLR 164

externallink Stephen Lee, 'Queensland Wire Industries: A Breath of Fresh Air' (1989) 18 Federal Law Review 212

externallink O'Dea, J, "Misuse of Market Power" [1989] AUBusLawyer 5; (1989) 1(7) Australian Business Lawyer 15

1976 (misuse of market power)

WMC Gummow, 'Abuse of Monopoly: Industrial Property and Trade Practices Control' (1976) 7 Sydney Law Review 339

 

Exclusive dealing

2014 (exclusive dealing)

Justin Lipinski, 'Blurring the bright line? Third line forcing revisited' (2014) 22 AJCCL 23

2011 (exclusive dealing)

I S Wyle, 'Not that old chestnut again - Third line forcing under the Competition and Consumer Act 2010' (2011) 19 CCLJ 18

2010 (exclusive dealing)

Calum Henderson and Christopher Marsh, 'Case note: Sweat the small stuff: Non-notified third line forcing will be prosecuted' (2010) 18(3) Trade Practices Law Journal 217 (discussing ACCC v Bill Express Ltd (in liq) (2009) 180 FCR 105; [2009] FCA 1022.)

externallink Erica Brooke Taylor, 'The Baxter saga: The role of competition law in government procurement' (2010) 18 TPLJ 188

externallink Zhongmin Wang, Supermarket and Gasoline: An Empirical Study of Bundled Discount (October 1, 2010) 5th Annual Conference on Empirical Legal Studies Paper
Looks at the Australian market ('We use nearly ideal gasoline price data to study the short- and long-run competitive effects of grocery-gasoline bundled discounts in an Australian market')

2005 (exclusive dealing)

Ian Wylie, 'When is Bundling Illegal under s 46 or s 47 of the Trade Practices Act' (2005) 33 Australian Business Law Review 190

1994 (exclusive dealing)

R Ian McEwin, 'Vertical Restraints in the Australian Trade Practices Act' (1994) 9 Review of Industrial Organization 627-247

 

Resale price maintenance

2016

Dave Poddar and Kiran Gill, 'Australia: First Authorisation of Resale Price Maintenance?' (2016) 7(3) Journal of European Competition Law & Practice 212-218

2014

Russell Miller, 'What if ... The prohibition on resale price maintenance - from controversial beginnings to redundance?' (2014) 22(3) AJCCL 224

2012

Martyn Taylor and Claire Forster, 'Resale Price Maintenance: An Update and a Reminder' (2012) 27(9) Competition and Consumer Law News 294

2008

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)

Rachel Trindade, "Resale price maintenance – some practical observations from Australia" (2008) 4 Competition Law International 15

1997

Mitchell G Landrigan, ‘Vertical Price and Non-Price Restraints in Australia and the US: A Comparative Analysis (1997) 25 Australian Business Law Review 312

1996

Geoff Edwards, 'When Should Resale Price Maintenance be Authorised? Guidelines for Use in Authorisation Decisions' (1996) 4 Trade Practices Law Journal 161

1994

R Ian McEwin, 'Vertical Restraints in the Australian Trade Practices Act' (1994) 9 Review of Industrial Organization 627-247

 

Mergers

2016

Rob Nicholls and Jenny Buchan, 'Failing firm, failing franchisor: Local market analysis in Australian merger clearances' (2016) 23(3) Competition and Consumer Law Journal 247

2015

Rob Nicholls and Jenny Buchan, 'Failing firm, failing franchisor: Local market analysis in Australian merger clearances' (2016) 23(3) Competition and Consumer Law Journal 247

Paul McLachlan, 'Vertical merger analysis in the United States, Europe and Australia' (2015) 23(1) Australian Journal of Competition and Consumer Law 17

externallink Nick McHugh, Norton Rose Fulbright, 'Merger Control Survey 2015: Australia' (IFLR - International Financial Law Review)

Michael Terceiro, 'Broad markets give less room to move — Coles’ proposed acquisition of Supabarn' (2015) 31(7) Competition and Consumer Law News 88

2014

Robert Baxt AO, 'The Harper "Root and Branch" Review: A Possible New Way Forward for the Clearance of Anti-Competitive Mergers?' (2014) 88 Australian Law Journal 468

Julie Clarke, The Australian Competition Tribunal grants first direct merger authorisation (Macquarie Generation, AGL Energy), 25 June 2014, e-Competitions Bulletin September 2014-II, Art. N° 68908

Stephen Corones, 'Competition law and market regulation: Behaviour v Structure: Tribunal's AGL Energy Merger Authorisation' (2014) 42 ABLR 292

Ben Morawetz, 'Identifying and evaluating mavericks in Australian and US merger analysis' (2014) 42 ABLR 292

Sarah Moritz, 'Case note: Application for authorisation of acquisition of Macquarie Generation by AGL Energy Ltd' (2014) 22(4) Australian Journal of Competition and Consumer Law 289

2013

Ayman Guirguis, Richard Flitcroft and Sarah Godden, 'The Australian merger process: Challenges to ACCC views on mergers by litigation and in an administrative context' (Summer-Fall 2013) 58 Antitrust Bulletin 401-431

George A Hay and E Jane Murdoch, 'A tale of two cities: From Davids Holdings to Metcash' (2013) 20 Competition & Consumer Law Journal 213

Deborah Healey, 'Strange bedfellows or soulmates: merger regulation in  China and Australia compared' '(2012) 7(1) Asian Journal of Comparative Law 1-40

Vivienne Pham, 'The treatment of efficiencies under the informal merger clearance process' (2013) 21 Competition and Consumer Law Journal 127

Douglas Shirrefs, 'The more things change, the more they stay the same' (2013) 21 AJCCL 127 (proposed Virgin acquisition of Tiger)

externallink Jill Walker and Tim Grimwade, Mergers: A 20 year retrospective (Competition Law Conference, Sydney, May 2013) (view PowerPoint presentation).

David Young, 'Acquiring power: The ACCC's Loy Yang Power decision and the legacy of Australian Gas Light Company v ACCC (No 3) (2013) 20 Competition & Consumer Law Journal 227

2012

Robert Baxt, 'Will there be a change in the review of mergers by the Australian Competition and Consumer Commission after the Metcash Decision' (2012) 40 Australian Business Law Review 55

Sara Brooks, 'Endangered or extinct: Are conglomerate effects still relevant to merger control? A comparison of US, European and Australian approaches' (2012) 20 CCLJ 1

Morelle Bull and Danielle Wood, 'The fairest of them all? Rival bidder counterfactuals in Australian merger clearance' (2012) 19 CCLJ 231

externallink Case Associates (Cento Veljanovski), "Metcash, Market Power, and Counterfactuals - The standard of proof in Australian and New Zealand merger and competition laws" (paper given at the 20th Competition Law Conference, 5th May 2012, Sydney, Australia)

Daniel McCracken-Hewson, 'How likely is "likely"? Metcash, counterfactuals and proof under s 50' (2012) 40 ABLR 363

externallink Alexandra Merrett and Rachel Trindade, 'Metcash and beyond ... Likelihoods and the standard of proof' (Issue 3, July 16, 2012), The State of Competition

Dave Poddar, 'Is there a need to change the Australian informal merger clearance process following the Metcash decision?' (2012) 20 Australian Journal of Competition and Consumer Law 249

Ankon Rahman, 'The "real chance" interpretation of "likely"' (2012) 40 Australian Business Law Review 196

Hank Spier, 'Post "Metcash" - Should we reconsider the ACCC merger review processes?' (2012) 20 AJCCL 118

Peter Strickland, 'Do we need a better way for reviewing mergers?' (2012) 40 Australian Business Law Review 143

Cento Veljanovski, 'Mergers, counterfactuals and proof after Metcash' (2012) 40 Australian Business Law Review 263

externallink Rachel Trindade and Alexandra Merrett, Howzat! The War on Mergers (The State of Competition, Issue 6 (Sept 2012))

Danielle Wood and Morelle Bull, 'Holding out for a hero: Assessing mergers between potential competitors' (2012) 20 CCLJ 125

Ian Wylie, 'What is ‘likely’ in the Competition and Consumer Act 2010?' (2012) 20 Competition and Consumer Law Journal 28

2011

externallink Simon Bishop, 'Assessing Economic Evidence in Merger Cases: Comparing Practice in Europe and in Australia' (draft paper presented at 9th Annual Competition and Consumer Workshop, Adelaide, 15 October 2011)

David Brewster and Verity Quinn, 'Partial Shareholdings and Minority Interests - When is a Little Too Much for the ACCC?' (2011) 19 AJCCL 248

Case Associates (Cento Veljanovski), 'FOXTEL/Austar merger: Pay TV merger policy by political forecasting' (August 2011)

externallink Caroline Coops and Sharon Henrick, 'Australia: Merger Control' in Global CompetitionReview, 'The Asia-Pacific Antitrust Review 2012'

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

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

Corkhill, Andrew, ‘Merger Regulation Reform: Do we Need a Formal Clearance Process? Reassessing the Relevance of the Trade Practices Legislation Amendment Bill (No 1) 2005’ (2006) 28 Sydney Law Review 535.

2002

Julie Brebner, ‘The Relevance of Import Competition to Merger Assessment in Australia’ (2002) 10(2) CCLJ 119-143

externallink Garry K Goddard and Greg Walker 'Competition Analysis of Bank Mergers in Australia' [2002] JlLawFinMgmt 2; (2002) 1(1) Journal of Law and Financial Managment 6

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

externallink 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]

externallink Ross Jones, 'Dealing with Mergers and Acquisitions The Australian Competition & Consumer Commission’s Perspective' (Consumer Unity and Trust Society Asia-Pacific Workshop on Competition, 17th April 2000, Jaipur

Ian B Stewart, 'Mergers and Competition: An Analysis of Section 50 of the Trade Practices Act' (2000) 74 ALJ 533

1995

Maureen Brunt, 'Issues from the Davids/QIW merger case — a comment' (1995) 3 Competition & Consumer Law Journal 16

George Hay, 'Market definition and market dominance: issues from the Davids/QIW case' (1995) 3 Competition & Consumer Law Journal 1.

1992

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

1989

Robert Baxt, 'Status Quuo for Trade Practices Merger and Misuse of Market Power Provisions Recommended by the House of Representatives Standing Committee on Legal and Constitutional Affairs - A short-term Solution?' (1989) 63 ALJ 777

Griffiths Report - Mergers, Takeovers and Monopolies: Profiting from Competition?, Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs (May 1989)

externallink Spier, HR, "TPC - Merger Investigations - the Practical Process" [1989] AUBusLawyer 4; (1989) 1(7) Australian Business Lawyer 9

1979

Geoffrey de Q Walker, '"Control or Dominate a Market": Developments in Australian Merger Law' (1979) 24 Antitrust Bulletin 371

 

Access

2014

Stephen Corones, 'When should private property rights give way to the public interest' (2014) 42 ABLR 124

John Hedge and Rowan Kendall, 'Access to Services - Productivity Commission’s final report on the national access regime produces more prickly issues for the root and branch review' (2014) 22 AJCCL 145

Rob Nicholls, 'Telecommunications: Structural separation, interconnection and access' (2014) 22 AJCCL 54

Dave Poddar and Angela Flannery, 'The far side of the Pilbara: The Porductivity Commission on the wrong track?' (2014) 22 AJCCL 18

2013

externallink Julie Clarke, 'The Australian Competition Tribunal ‘undeclares' third party access for rail lines company applying ‘private profitability' test to 44H(4)(b) (The Pilbara Infrastructure Pty)' (8 February 2013, e-Competitions, N°51089, www.concurrences.com) [download PDF]

Fiona Crosbie, 'Business as Usual? Implications of the Pilbara decision for access to gas pipeline facilities' (2013) 21 AJCCL 270

Fiona Crosbie, 'Access criteria for declaration – The High Court's interpretation and remaining uncertainties' (2013) 21 AJCCL 117

Thomas Jones and Andrea Kennedy, 'Part IIIA: A new beginning?' (2013) 21(1) Australian Journal of Competition and Consumer Law 5

Verity Quinn and Rosannah Healy, 'Part IIIA - the current state of play' (2013) 21 AJCCL 244

John Stock, 'The Pilbara rail access saga: Criterion (b) reaches the end of the line! Will access providers in Queensland jump on the revocation express?' (2013) 21 Competition and Consumer Law Journal 111

Martyn Taylor, 'Achieving regulatory certainty: the NBN Co Special Access Undertaking' (2013) 28(9) Competition and Consumer Law News 145

Richard York, 'Appeal rights, access regimes and anticompetitive conduct provisions: are we getting the incentives right?' (2013) 41(3) Australian Business Law Review 113-126

2011

Michael Bradley and Jessica Vartuli, 'Access denied: court denies Fortescue access to Pilbara railway lines' (August 2011) 26(10) Competition & Consumer Law News 118

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

externallink Rod Sims, Competition and regulating monopolies: some perspectives from the ACCC (Western Australian Chamber of Commerce and Industry, 15 November 2011)

2006

Ian B Stewart, 'When should competitors give their rivals access to services provided by facilities or telecommunications services? An examination of the rationale and means of access under Part IIIA and Part XIC of the Trade Practices Act and the potential role of section 46' (2006) 34 ABLR 322

2001

Productivity Commission's Review of the National Access Regime Inquiry (Report No. 17, September 2001)

J Gans, F Hanks and P L. Williams, 'The Treatment of Natural Monopolies Under the Australian Trade Practices Act: Four Recent Decisions' (2001) 29 Australian Business Law Review 492-507

1998

Alan Moran, 'Regulating Mergers and Access to Essential Facilities' in Institute of Public Affairs, Australian Competition Policy: Deregulation or Reregulation? (1 October 1998)

R Smith and J Walker, 'Part IIIA Efficiency and Functional Markets' (1998) 5 Competition & Consumer Law Journal 183

1997

F Hanks, 'Unlocking the infrastructure: The reform of public utilities in Australia' (1997) 12 Policy 51-53

 

Jurisdiction

2016

Adrian Coorey, 'The ACCC, the Internet and Extraterritorial Injunctions' (2016) 24 Australian Journal of Competition and Consumer Law 214

Ketki Kowal, 'An Electrifying Case: ACCC v Yazaki Corp (No 2)' (2016) 24 Australian Journal of Competition and Consumer Law 232

Shila Dorai Raj and Rachel Burgess, 'Competition Laws in ASEAN: Opportunities and Obligations for SMEs' (2016) 24 Australian Journal of Competition and Consumer Law 258

2015

Anthony Gray, 'Reinvigorating the trade and commerce power' (2015) 43 Australian Business Law Review 101

Ian Stewart, 'Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor' (2015) 43 ABLR 474

2013

Andy Glenie, 'The long arm of New Zealand competition law: two cases on jurisdiction' (2013) 28(8) Competition and Consumer Law News 127

Bill Keane, 'High Court holds that Garuda is not immune from jurisdiction in cartel action: PT Garuda Indonesia Ltd v ACCC' (2013) 21 AJCCL 52

2012

Philip Clarke, 'The extraterritorial reach of the CCA — a primer' (July 2012) 27 Competition and Consumer Law News 308

2010

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

2009

Bob Baxt and Jason King, 'Extraterritoriality provisions of the Trade Practices Act' (2009) Keeping Good Companies 295

1992

Robertson Wright, 'Aspects of the Extraterritorial Application of Sections 50 and 50A of the Trade Practices Act' (April 1992) Australian Business Law Review 152

 

Administration, enforcement and penalties

Note - for discussion of cartel criminal penalties and enforcement see cartels.

2016

External linkCaron Beaton-Wells, 'Private Enforcement of Competition Law in Australia - Inching Forwards' (2016) 39(3) Melbourne University Law Review (advance copy)

Adrian Coorey, 'The ACCC, the Internet and Extraterritorial Injunctions' (2016) 24 Australian Journal of Competition and Consumer Law 214

Linda Evans and Alexander Vial, 'Settlement practices in Australia: The distinction between civil and criminal penalties' (2016) 44 Australian Business Law Review 300

Anne Rees, 'Status quo restored: High Court approves use of agreed civil penalty submissions' (2016) 32(1) Competition and Consumer Law News 134

2015

externallink Marcus Bezzi and Nicholas Heys, 'Transparency is Not Just Good for Those Regulated, It Also Strengthens Enforcers—An ACCC Perspective' (CPI Antitrust Chronicle, July 2015 (1))

Julie Clarke, 'The Federal Court of Australia rules against submissions on agreed penalties' (Fair Work Building Industry Inspectorate / Construction, Forestry, Mining and Energy Union), e-Competitions Bulletin June 2015, Art. N° 73596

Editorial, 'Confession is Good for ... the pocket?' (2015) 23 Australian Journal of Competition and Consumer Law 81

Richard Flitcroft and Nadya Riitano, '$8.3 million penalty for renegade gas companies' (2015) 31(1) Competition and Consumer Law News 11

Ayman Guirguis, Richard Flitcroft and Asa Lam, 'Where to now for agreed civil penalty outcomes following the CFMEU and Barbaro decisions?' (2015) 31(5) Competition and Consumer Law News 62

Ayman Guirguis, Sarah Godden and Asa Lam, 'ACCC v Chopra: penalty submissions in the aftermath of CFMEU and Barbaro' (August 2015) 31 Competition and Consumer Law News 76

Monali Pandey and Richard Flitcroft, 'It’s question time on alleged cartel conduct - Obeid family members must attend examinations after the Australian Competition and Consumer Commission’s section 155 notices are upheld' (2015) 31(1) Competition and Consumer Law News 5

Peter Renehan and Peta Stevenson, 'Purity But at What Price: The Application of Barbaro Principles to Pecuniary Penalty Proceedings' (2015) 23(1) Compettition and Consumer Law Journal

Justice Alan Robertson, 'Statutory undertakings: Their history, use and utility and the perspective of the court' (2015) 22 Competition and Consumer Law Journal 181

Peter Sise, 'Obtaining transcripts of s 155 examinations and the 'implied undertaking'' (2015) 31(9-10) Competition and Consumer Law News 118

Samantha Teong, 'Stamping out rubber-stamped penalties? Determining an appropriate judicial response to agreed penalties in civil penalty settlements' (2015) 43 Australian Business Law Review 48

Kirsten Webb and Anchal Kapur, 'No Agreement over Agreed Penalties' (2015) 31(9-10) Competition and Consumer Law News 114

2014

Sarah Andrews, 'In Shopper Docket Wars, Supermarkets come out on top: ACCC Proceedings Against Coles and Woolworths for Breach of Undertakings' (2014) 22(3) AJCCL 219

externallink Caron Beaton-Wells, 'Substance and Process in Competition Law and Enforcement. Why We Should Care If It's Not Fair' (9th ASCOLA Conference Warswa 2014 on Procedural Fairness in Competition Proceedings)

Caron Beaton-Wells, 'The ACCC: Roots and Branches - Proposals to Enhance ACCC Effectiveness' (2014) 42 Australian Business Law Review 414-435

Alex Bruce, 'Obeid challenge to s 155 notices rejected by the court' (2014) 30(8&9) Competition and Consumer Law News 114

Adrian Cooreey, 'Some guidance on the meaning of "attempt to contravene" under the Competition and Consumer Act 2010' (2014) 30(5) Competition and Consumer Law News 60

John Duns, 'Penalty problems in Flight Centre' (2014) 22(4) AJCCL 282

Richard Flitcroft and Ben Williams, 'Long arm of the law: Australian discovery orders against foreign defendants' (2014) 30(3) Competition and Consumer Law News 34

Alexandra Merrett, 'Australian Competition and Consumer Commission alleges Coles and Woolworths in breach of s 87B Shopper dockets undertakings' (2014) 30(4) Competition and Consumer Law News 49

Alexandra Merrett and Rhonda L Smith, 'The public benefits of private litigation' (July 2014) 19 The State of Competition

Amanda Richman, 'Authorisations and Notifications: Price setting and collective bargaining arrangements for professionals - in what circumstances will they be authorised?' (2014) 22 AJCCL 40

externallink Justice Alan Robertson, 'Statutory undertakings: their history, use and utility and the perspective of the Court' (12th Annual University of South Australia Competition and Consumer Workshop (10-11 October 2014)) (published 2015)

Hank Spier, 'Commission cameos: 40 years of trade practices law administration' (2014) 22(4) AJCCL314

Nicolas Taylor and Elisabetta Santi, 'Corporate executives are entitled to human rights in competition law investigations' (2014) 21 CCLJ 264

2013

Kon Stellios and Emily Johnstone, 'Interacting Effectively with the ACCC: Tips for Responding to s 155 Notices and Dawn Raids' (2013) 16(8) Inhouse Counsel 137

2011

Graeme Edgerton and Luke Woodward, 'Criminalisation of cartels' in Michael Legg, Regulation, litigation and enforcement, Thomson (2011) (chapter 14)

Justice Ray Finkelstein, 'Crimes and punishments of competition law' (2011) 18 CCLJ 207

Justice J G Fogarty, 'Running the mischief rule over appellate decisions trans-Tasman' (2011) 18 CCLJ 224

externallink Roger Gamble, 'Between a Rock and a Softer Place: Cartel Settlements in Australia and Canada' [2011] MonashULawRw 33; (2011) 37(3) Monash University Law Review 176

Noel Hutley, 'Challenging the Australian Competition and Consumer Commission's pleadings in cartel cases' in Michael Legg, Regulation, litigation and enforcement, Thomson (2011) (chapter 7)

Michael Legg, 'Coercive investigatory powers of ASIC, ACCC and ATO' in Michael Legg, Regulation, litigation and enforcement, Thomson (2011) (chapter 2)

Zaven Mardirossian and Matthew Lees, 'Settling civil penalty litigation with the ACCC' in Michael Legg, Regulation, litigation and enforcement, Thomson (2011) (chapter 12)

externallink Marina Nehme, ‘Enforceable Undertaking: A Restorative Sanction?’ (2010) 36 Monash ULRev 108

externallink Marina Nehme, ‘Enforceable Undertaking: Are they procedurally fair?’ (2010) 32 Sydney Law Review 472

Kerrin M Vautier, 'Theory vs evidence? Or designer vs economic law? Comments on ‘Running the mischief rule over appellate decisions trans-Tasman' by Fogarty J' (2011) 18 CCLJ 236

2004

Christine Parker, ‘Restorative Justice in Business Regulation? The Australian Competition and Consumer Commission’s Use of Enforceable Undertakings’ (2004) 67(2) The Modern Law Review 209

externallink Christine Parker, John Braithwaite and Natalie Stepanenko, 'ACCC Enforcement and Compliance Project: Working Paper on ACCC Compliance Education & Liaison Strategies (Centre of Competition and Consumer Policy, RegNet, ANU, April 2004)

2002

externallink Alex Bruce, 'The Trade Practices Act 1974 (Cth) and the Demise of Legal Professional Privilege' (2002) 30 Federal Law Review 373

Ross Jones, 'The Role of the ACCC in Australian Competition Policy' (2002) 35(4) The Australian Economic Review 430 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

Steven Kates, 'A Critique of the Role, Powers and Activities of the ACCC: The Business View' (2002) 35(4) The Australian Economic Review 438 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

externallink Suzanne B McNicol, 'Australian Competition and Consumer Commission v The Daniels Corporation International Pty Ltd and Another' (2002) 24 Sydney Law Review 281

Rhonda L Smith, 'Possible Implications of the Dawson Inquiry for the ACCC' (2002) 35(4) The Australian Economic Review 446 (Policy Forum: Australia's Competition Laws: Business, the ACCC and the Dawson Review)

2001

Karen Yeung, The Public Enforcement of Australian Competition Law (ACCC 2001) (NLA citation information)

1998

Tania Voon, 'Overstated undertakings: recent developments for compliance programs' (1998) 6 Trade Practices Law Journal 196

 

Authorisation and notification (and the concept of public benefit)

2015

Emma Gorrie, 'When will the ACCC grant interim authorisation?' (2015) 23 Australian Journal of Competition and Consumer Law 192

2014

Julie Clarke, The Australian Competition Tribunal grants first direct merger authorisation (Macquarie Generation, AGL Energy), 25 June 2014, e-Competitions Bulletin September 2014-II, Art. N° 68908

Stephen Corones, 'Competition law and market regulation: Behaviour v Structure: Tribunal's AGL Energy Merger Authorisation' (2014) 42 ABLR 292

Sarah Moritz, 'Case note: Application for authorisation of acquisition of Macquarie Generation by AGL Energy Ltd' (2014) 22(4) Australian Journal of Competition and Consumer Law 289

2013

externallink Julie Clarke, 'The Australian Competition and Consumer Commission releases new authorisation guidelines' (12 September 2013, e-Competitions)

Nicola Lord, 'Authorisations and notifications: International networks: Qantas and Emirates co-ordination agreement' (2013) 21 AJCCL 206

Vijaya Nagarajan, 'The Paradox of Australian Competition Policy: Contextualizing the Coexistence of Economic Efficiency and Public Benefit' (2013) 36(1) World Competition 133–163

externallink Rachel Trindade and Alexandra Merrett, 'A road map to statutory immunity in Australia' (April 2013) 11 State of Competition

externallink Rachel Trindade, Rhonda Smith and Alexandra Merrett, 'The Australian difference: has the public benefit test been eroded?'' (May 2013) 12 State of Competition

2011

Vijaya Nagarajan, 'Co-opting for Governance: The Use of the Conditions Power by the ACCC in Authorisations' (2011) University of New South Wales Law Journal 785

2001

externallink Allan Fels AO, 'The Public Benefit Test In The Trade Practices Act 1974' (National Competition Policy Workshop, 12 July 2001, Melbourne)

1996

Geoff Edwards, 'When Should Resale Price Maintenance be Authorised? Guidelines for Use in Authorisation Decisions'
(1996) 4 Trade Practices Law Journal 161

 

Competition Law and IP

2015

Arlen Duke and Matthew E Taylor, 'Parallel import restrictions: Core intellectual property rights or unjustified restraints on trade?' (2015) 22(3) Competition and Consumer Law Journal 254

Susy Frankel, Chris Nixon, Megan Richardson and John Yeabsley, 'Parallel importing — The New Zealand experience with book publishing' (2015) 22(3) Competition and Consumer Law Journal 240

Edgar Lazeanu, Repealing the parallel importation restrictions for books: The case for an ‘Author Offset’ (2015) 22(3) Competition and Consumer Law Journal 218

2004

Frances Hanks, 'Intellectual Property and Price Discrimination: a challenge for Australian competition law' (2004) 16 Information Economics and Policy 113-134

 

Restraint of trade (common law)

2016

Hui Xian Chia and Ian Ramsay, 'Employment restraints of trade: An empirical study of Australian court judgments' (2016) 29(3) Australian Journal of Labour Law

2006

Chris Davies, 'Draft Systems in Professional Team Sports and the Restraint of Trade Doctrine: Is the AFL Draft Distinguishable from the NSWRL Draft?' (2006) 1(1) Australian and New Zealand Sports Law Journal 80

externallink Chris Davies, 'The Use of Salary Caps in Professional Team Sports and the Restraint of Trade Doctrine' (2006) 22 Journal of Contract Law 246

1976

JD Heydon, 'Restraint of Trade in the High Court' (1976) 50 Australian Law Journal 475

 

Cases

See also cases page

Case reporters

Australian Competition and Consumer Law Reports
(previously Australian Trade Practices Law Reports (ATPR) (CCH))

Courts (cases free at AustLII)