Competition Law and Economics in Australia Vol 1

Julie Clarke, Allan Fels, Brent Fisse, Deborah Healey, Mel Marquis, John E Middleton and Rhonda L Smith (eds)

Routledge

Julie Clarke, Allan Fels, Brent Fisse, Deborah Healey, Mel Marquis, John E Middleton and Rhonda L Smith (eds), Competition Law and Economics in Australia Volume 1 The Competition Law System: Context, Law, and Economics (Routledge, 2025)

Publication date: 27 February 2025

ISBN (Hardback): 9781032833705

Publisher Description

Marking the 50-year anniversary of modern statutory competition law in Australia, this two-volume set brings together more than 40 leading experts to discuss the most important issues and developments arising under Australian competition law, economics, and policy.

This publication discusses current reforms and reviews the impact of competition law and policy in the Australian economy over the last 50 years, since the enactment of the Trade Practices Act 1974. Contributors examine the legacy of this landmark legislation, important precedents and cases that have shaped contemporary Australian competition law, as well as the substantive, procedural, and institutional features in need of revision. Volume I focuses on the history and context of Australian competition law, the courts and tribunal, and the competition system established by the Competition and Consumer Act. Volume II assesses consumer protection law, the digital economy, enforcement, remedies and sanctions, and the Australian competition regime from a comparative perspective.

This volume, alongside its companion, Competition and Consumer Law: Principles, Enforcement, and Comparative Perspectives, is an authoritative treatise that will interest the broader competition law and policy community around the world. Together, they provide essential insights for academics, researchers, practitioners, policymakers, and regulators.

Table of contents

Acknowledgements

Foreword
FRÉDÉRIC JENNY

List of Contributors
List of Acronyms and Abbreviations

1 Competition Law and Economics in Australia: Introduction
JULIE CLARKE, ALLAN FELS, BRENT FISSE, DEBORAH HEALEY, MEL MARQUIS, JOHN E. MIDDLETON, AND RHONDA L. SMITH
Part I Context and History

2 Australian Competition Law: Legislative Context and Appraisal
ALLAN FELS AND BRENT FISSE

3 50 Years of the Australian Competition and Consumer Commission
ALLAN FELS AND LUKE WOODWARD

4 The Federal Courts and Evolution of Judicial Practice in Australian Competition Law
THE HON. ROBERT FRENCH AC

Part II Economic Issues

5 Competition and Competition Law
RHONDA L. SMITH

6 The Role of Economics and Economic Analysis in Australian Competition Law and Policy
GEORGE SIOLIS

Part III Legal Issues

7 The ‘Substantial Lessening of Competition’ Test
ANDREW CHRISTOPHER

8 Anticompetitive Agreements Between Competitors and Cartel Enforcement
BRENT FISSE AND ROB NICHOLLS

9 Merger Control: An Evolutionary Tale
LUKE WOODWARD AND CAROLINE COOPS

10 Misuse of Market Power and the Interface Between Competition and IP Policies
RHONDA L. SMITH AND ARLEN DUKE

11 Presentation and Evaluation of Evidence in the Australian Competition Tribunal
THE HON. JOHN E. MIDDLETON AM KC AND OLIVER LLOYD

Part IV Distinctive Features of Australia’s Competition Law

12 Australia’s Dual System of Administrative and Judicial Competition Law Adjudication
MICHAEL O’BRYAN

13 Authorisation and Notification
ANDREW MONOTTI

14 National Competition Policy: The Continuing Imperative
DEBORAH HEALEY

15 Evolution and Revolution in Infrastructure Access Regimes: Australia’s Sector-Specific Regulation and Challenges
GEOFF PETERSEN, MORELLE BULL, AND CATHERINE DERMODY

Part V Reform of the Competition Law Provisions

16 Toward Merger Reform: An Economic Perspective
GRAEME WOODBRIDGE

17 Misuse of Market Power and Data Privacy Justifications
KATHARINE KEMP

18 Exclusive Dealing: Provisions in Need of Reconsideration?
SIMON SNOW

Index