Reading Room
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Readings lists can be found following the links below
Misuse of Market Power in Australia: Early Assessment of the Amended Section 46 of the Competition and Consumer Act
Mel Marquis and Rhonda Smith, ‘Misuse of Market Power in Australia: Early Assessment of the Amended Section 46 of the Competition and Consumer Act’ (CPI Columns, September 2022)
Causation in Misuse of Market Power Claims under the Competition and Consumer Act 2010 (Cth)
Katharine Kemp, ‘Causation in Misuse of Market Power Claims under the Competition and Consumer Act 2010 (Cth)’ (2021) 49(4) Australian Business Law Review 208
Current Issues in Competition Law: Vol I Context and Interpretation
Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021)
Current Issues in Competition Law: Vol II Practice and Perspectives
Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021)
Sims: Platforms' dominance of apps market needs to be addressed
On 19 August 2021 Rod Sims addressed the Global Competition Review Webinar to discuss the ACCC’s digital platforms services inquiry report on app marketplaces.
Reviewing Concerted Practices and Misuse of Market Power
Arihant Agarwal, ‘Reviewing Concerted Practices and Misuse of Market Power’ (2021) 29(2) Australian Journal of Competition and Consumer Law 88
Exclusionary conduct in competition law: a consequence-sensitive deontological account
Barbora Jedličková and Jonathan Crowe, ‘Exclusionary conduct in competition law: a consequence-sensitive deontological account’ (2020) Jurisprudence (published online 23 November 2020)
Sims: Tackling market power in the COVID-19 era
On 21 October 2020 ACCC Chair, Rod Sims, addressed the National Press Club discussing market power issues in the COVID-19 era.
Misuse of market power: Improving the Australian SLC model
Brent Fisse, ‘Misuse of market power: Improving the Australian SLC model’ (August 2020)
When Code is Law: Bargains Between News Publishers and Platforms
Rob Nicholls, ‘When Code is Law: Bargains Between News Publishers and Platforms’ (CPI News, 5 July 2020)
Protecting Profits Post-Patent Expiry
Arlen Duke and Rhonda L Smith, ‘Protecting Profits Post-Patent Expiry: ACCC v Pfizer, Patents and Competition Law’ (2019) 30(1) Australian Intellectual Property Journal 26
Protecting Profits Post-Patent Expiry: ACCC v Pfizer, Patents and Competition Law
Arlen Duke and Rhonda L Smith, ‘Protecting Profits Post-Patent Expiry: ACCC v Pfizer, Patents and Competition Law’ (2019) 30(1) Australian Intellectual Property Journal 26
The metaphysics of market power
George Raitt: “Australian competition law has just emerged from a significant period of reform which has seen controversial changes to the legal test to distinguish between normal competitive conduct and conduct that should be condemned. … This important new book offers a radical interpretation of market power, based on the power to manipulate. …“
The future of misuse of market power in Australia
Russel Miller AM, ‘The Future of Misuse of Market Power in Australia’ (2019) 27(1) AJCCL 73
Misuse of Market Power: Reform and Rationale
Katharine Kemp, Misuse of Market Power: Reform and Rationale (Cambridge University Press, 2018)
Misuse of Market Power in Australia and Abuse of Dominance in Canada ...
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
Section 46: its purpose and the proposed new effects test
Julie Clarke, ‘Section 46: its purpose and the proposed new effects test’ (2017) 45(5) Australian Business Law Review 364-386
'The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power
Katharine Kemp, 'The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power’ (2017) 20(2) University of New South Wales Law Journal