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Corones' Competition Law in Australia (7th Edn)

Arlen Duke
Thomson Reuters, January 2019


Publisher's description

Corones’ Competition Law in Australia, 7th edition, provides a comprehensive discussion of the provisions of theCompetition and Consumer Act 2010 (Cth) (CCA) dealing with the regulation of competition and markets in Australia. This book covers disparate topics such as restrictions in horizontal and vertical agreements, mergers and acquisitions, misuse of market power, and access to essential services. The unifying theme of this text is that it is not possible to use a formalistic approach in applying the CCA. The decisions of the courts, and the competition authorities responsible for implementing and enforcing the CCA, underline the need to undertake a detailed substantive economic analysis of the effect of the agreement or conduct at issue on competition, efficiency and consumer welfare.

The new edition will include the following:

  • A comprehensive review of changes introduced by the Competition and Consumer Amendment (Competition Policy Review) Act 2017 (Cth) and the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (Cth), at the recommendation of the Harper Committee.
  • An updated discussion of market definition to reflect two High Court decisions handed down since the last edition: Air New Zealand Ltd v ACCC [2017] HCA 21and ACCC v Flight Centre Travel Group Ltd (2016) 261 CLR 203; [2016] HCA 49.
  • A reworked discussion of the common law restraint of trade doctrine.
  • A more detailed discussion of the extraterritorial reach of the competition prohibitions.
  • An update of the cartel chapter to reflect renumbering and include a discussion of several recent cartel cases.
  • Discussion of the newly introduced prohibition against concerted practices.
  • A rewrite of the misuse of market power chapter to reflect the significant changes made to s 46 of the CCA.
  • A detailed analysis of ACCC v Pfizer Australia Pty Ltd [2018] FCAFC 78, which deals with the assessment of market power in the lead up to patent expiry.
  • A new chapter devoted to the administrative procedures of authorisation and notification, re-drafted to reflect amendments designed to simplify the processes (Chapter 15).
  • A discussion of new penalty cases including: ACCC v Colgate-Palmolive Pty Ltd (No 3) [2016] FCA 676 (in which penalties were calculated by reference to the benefit received by the contravening party) and ACCC v Yazaki Corporation [2018] FCAFC 73 (in which penalties were calculated by reference to annual turnover and record-breaking penalties ($46m) were imposed).


Table of contents

Chapter 1: Competition Policy and Economic Theory

Chapter 2: Economic Concepts

Chapter 3: Legal Background and Overview

Chapter 4: Field of Application of the Act

Chapter 5: Cartel Offences and Civil Prohibitions

Chapter 6: Exclusive Dealing

Chapter 7: Other Anti-Competitive Arrangements

Chapter 8: Mergers and Acquisitions

Chapter 9: Misuse of Market Power

Chapter 10: Resale Price Maintenance

Chapter 11: Intellectual Property and Competition

Chapter 12: Anti-Competitive Conduct - Telecommunications

Chapter 13: Access to Services - Part IIA

Chapter 14: Sector-Specific Access Regimes

Chapter 15: Authorisation and Notification

Chapter 16: ACCC Investigation - Practice and Procedure

Chapter 17: Public Enforcement

Chapter 18: Private Remedies