Dr Katharine Kemp

Lead researcher (with Rod Nicholls)
Research stream on Data as a Source of Market Power, The Allens Hub For Technology, Law & Innovation (UNSW Law) (2018-)

Member, Centre for Law, Markets and Regulation
(UNSW)

Garth Nettheim Doctoral Teaching Fellow (2015)

Sessional lecturer, Stellenbosch University (2006-2008)

Barrister
Called to the Bar 2001

Solicitor, Allens
(Brisbane and Melbourne)

Associate to the Hon Justice Frybert, Supreme Court of Qld

Misuse of Market Power: Reform and Rationale
(Cambridge University Press, 2018)

Competition Law of South Africa (LexisNexis)
(co-author with Prof P J Sutherland) since 2005

Katherine Kemp, 'Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct' (2018) 26 Australian Journal of Competition and Consumer Law 174

Katharine Kemp, '"The Big Chill"? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power' (2017) 40(2) University of New South Wales Law Journal 493

Katharine Kemp, 'A Unifying Standard for Monopolization: Objective Anticompetitive Purpose' (2016) 39(1) Houston Journal of International Law 113 (SSRN version)

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

Katharine 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)

Katharine 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)

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

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

Katharine 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)

Submission to the New Zealand Ministry of Business, Innovation & Employment on the Targeted Review of the Commerce Act 1986 Issues Paper, 'A Third Way: Objective Anticompetitive Purpose' (15 February 2016)

Submission to the Australian Treasury on Options to Strengthen the Misuse of Market Power Law Discussion Paper, 'A Third Way: Objective Anticompetitive Purpose' (12 February 2016)

Submission to the Competition Policy Review Committee, ‘The Under-Inclusive "Take Advantage" Standard, a Proposal for an Onus-Shifting Approach and the Canadian SLC Alternative’ (17 November 2014)

Submission to the Competition Policy Review Committee, ‘The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power’ (29 May 2014)

Katharine Kemp, 'Substantial lessening of competition under the new section 46: will we know it when we see it?' (Competition Law Conference, Sydney, 25 May 2019)

'The Next Chapter in Australia's Misuse of Market Power Law: Killing the Tiger While it is Young' (Competition Law Conference, Sydney, 6 May 2017)

'Would the Harper Review’s ‘Effects Test’ for Section 46(1) Capture or Deter Procompetitive Conduct?' (Sydney Competition Law Discussion Forum, Sydney, 18 February 2016)

'Australia’s Rejection of an Effects-Based Test for Misuse of Market Power: Lone Genius or Outdated Anomaly?' (Centre for Law, Markets and Regulation Symposium, UNSW Law, 19 November 2015)

'The Struggle for the Soul of Australia's First Competition Statute' (33rd Annual Conference of the Australia and New Zealand Law and History Conference, Coffs Harbour, 11 December 2014)

'Is There Unilateral Anticompetitive Conduct which Section 46(1) Fails to Address?' (Sydney Competition Law Discussion Forum, Sydney, 21 August 2014)

Competition Lare podcast (Episode 20, 'Platforms, ads and the media?', 13 February 2019).

'ACCC wants to curb digital platform power - but enforcement is tricky' (The Conversation, 11 December 2018)

'94% of Australians do not read all privacy policies that apply to them – and that’s rational behaviour' (The Conversation, 14 May 2018)

Soft terms like ‘open’ and ‘sharing’ don’t tell the true story of your data (The Conversation, 1 May 2019)

Australia’s New Misuse of Market Power Law: In Brief (UNSW, CLMR, 31 August 2017)

PhD research topic

Australia's rejection of an effects-based test for misuse of market power - lone genius or outdated anomaly?

Supervisors: Prof Ross Buckley and Dr Rhonda Smith