Articles, book chapters,
notes and speeches
Chronological
2024
Articles and notes
Meshal Althobaiti, ‘Applications by Australia and New Zealand Banking Group Ltd and Suncorp Group Ltd’ [2024] ACOMPT 1’ (2024) 32(3) AJCCL 215
Gina Cass-Gottlieb, ‘Though Much Has Been Done, Much Remains to Be Done’ (2024) 32(1) AJCCL 5
Adrian Coorey, ‘Bid Rigging on the Radar!’ (2024) 32(1) AJCCL 26
Rory Dolan, ‘More than theory: Data privacy as a competitive parameter in Australian merger review’ (2024) 31 CCLJ 27
Shannon Hadley, ‘Commonwealth Bank of Australian and Ors: Providing Assurance to the ACCC Under The Authorisation Test’ (2024) 32 AJCCL 205
Bill Keane, ‘Enforcement and remedies; The long road to deterrence: sentences of imprisonment for criminal cartel conduct’ (2024) 32 AJCCL 211
James Keeves, ‘Rethinking substantiality of purpose under s 4F of the Competition and Consumer Act 2010 (Cth)’ (2024) 30 CCLJ 296
Tom Kennedy, ‘The case for banning most worker non-competes in Australia’ (2024) 31 CCLJ 2
Simon Muys and Owen Fischbein, ‘Beyond all Proportion: High Court in ABCC v Pattinson affirms primacy of deterrence in fixing civil penalties’ (2024) 32(1) AJCCL 60
Son Tan Nguyen, ‘Algorithmic price personalisation and consumer protection in Australia’ (2024) 31 CCLJ
Holly Raiche, ‘A Clash of Reviews? Digital Platform Services Inquiry Interim Report 7, 2023’ (2024) 32(1) AJCCL 56
Rhonda Smith and Arlen Duke, ‘Price discrimination: Time to rethink competition law’s indifference?’ (2024) 31 CCLJ 61
The Threat to Competition from Regulating Bargaining Power’ (2024) 32(1) AJCCL 37
Speeches
Liza Carver, ‘Bathurst Lecture 2024’ (12 September 2024) ➤
Gina Cass-Gottlieb, ‘ACCC/AER Regulatory Conference 2024 opening address’ (1 August 2024, Brisbane) ➤
2023
Articles and Notes
Carla Massaria, ‘High stakes in exchange rate cartel as Federal Court sentences individuals to jail time: Director of Public Prosecutions (Cth) v Vina Money Transfer Pty Ltd’ (2023) 31(1) Australian Journal of Competition and Consumer Law 64
Brent Fisse, ‘Fines and Civil Monetary Penalties Against Corporations Mad Maxima?’ (2024) 52(3) ABLR 196
Sabrina Frank and Malte Frank, ‘The Race to Regulate Big Tech – Lessons from Germany’ (2023) 32(4) AJCCL 321
Rhonda Smith, ‘Collective Bargaining Following the Tribunal's Decision in Port of Newcastle Operations’ (2024) 52(1) ABLR 45
Book chapters
Speeches
Julie Clarke, ‘Proof of Purpose’, Competition Law Conference, 6 May 2023
Brent Fisse, ‘Australian Cartel Law: Recent Developments’, Competition Law Conference, 6 May 2023
Ross Garnaut, ‘2023 Bannerman Competition Lecture’, 3 May 2023 ➤
Luke Wainscoat, ‘Are ex ante regulations required to curb the market power of digital platforms?’, Competition Law Conference, 6 May 2023
2022
Articles and Notes
Tess Hardy and Shae McCrystal, ‘The importance of competition and consumer law in regulating gig work and beyond’ (2022) Journal of Industrial Relations (first published online 21 January 2022) ➤
Speeches
2021
Articles and notes
Arihant Agarwal, ‘Reviewing Concerted Practices and Misuse of Market Power’ (2021) 29 AJCCL 88
Zubin Bilimoria, ‘COVID Conundrum: The Influence of Regulatory Regimes on Cross-Border Mergers and Acquisitions in Australia and India’ (2021) 49 ABLR 52
Nicholas Felstead, ‘ACCC Revokes Stanley Black and Decker’s Resale Price Maintenance Notification’ (2021) 29 AJCCL 29
Mei Gong and Ayman Guirguis, ‘Enduring implications for competition law issues in the modern data economy: Lessons from Re ASX Operations Pty Ltd and Pont Data Australia Pty Ltd’ (2021) 29 AJCCL 127
George A Hay and E Jane Murdoch, ‘Competing explanations for parallel conduct: Lessons from the Australian detergent case (ACCC v Colgate-Palmolive)’ (2021) 28 CCLJ 141
Ketki Kotwal, ‘When a Seemingly Anti-competitive Merger Is Actually Better for the Market; Vodafone v ACCC’ (2021) 29 AJCCL 5
Pornapa Luengwattanakit, Maria Christina J Macasaet-Acaban, Yee Chung Seck, Wendy Thian and Georgina Foster, ‘Update on the development of merger control in Asia’ (2021) 29(1) Australian Journal of Competition and Consumer Law 58
Louise Moussa, ‘Criminal Cartel Conduct: Chartered waters for Wallenius: Director of Public Prosecutions (Cth) v Wallenius Wilhelmsen Ocean AS (2021) 386 ALR 98xs (2021) 29 AJCCL 108
Holly Raiche, ‘Competition and Digital Platforms: The Third Instalment’ (2021) 29 AJCCL 35
Tim Rogan, ‘Review Essay: Futures of Antitrust’ (2021) 43(3) Sydney Law Review 419 ➤
Rhonda Smith and Arlen Duke, ‘Platform businesses and market definition’ (2021) 17(1) European Competition Journal 93-117
Book chapters
Julie Clarke, Digital Platforms, Emerging Markets, and Section 46 in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 5
Allen Fels, Annalisa Heger and George Cunningham, ‘A Mandatory and Suspensory Merger Notification System for Australia’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 9
Hon Robert French AC, ‘The Courts in Competition Law’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 1
Justin Gleeson and Christopher Tran, ‘Undertakings: Constitutionality, Commerciality, and Other Considerations’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 10
Belinda Harvey and Stephanie Phan, ‘Emerging Issues in Mergers in Infrastructure Markets’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 12
Perry Herzfeld, ‘Statutory Interpretation from Visy to Today’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 5
Ruth C A Higgins, ‘A Likely Story: Future Counterfactuals in Competition Law’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 6
Deniz Kayis and Rob Nicholls, ‘Immunity Policies: Uncertainty, Irregularity, and Effectiveness’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 3
Kathryn McMahon, ‘Economic Theory, Competition Regulation, and Digital Markets’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 9
Felicity McMahon and Jacqueline Downes, ‘Recent Developments in ACCC Review of Media Mergers’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 11
Justice Mark Moshinsky, ‘Defining and Determining a ‘Substantial Lessening of Competition’’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 7
Justice Michael O’Bryan, ‘Section 50: Should the Burden of Proof be Shifted?’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 8
Dave Poddar, Michael Gvozdenovic and Joshua Sinn, ‘Digital Platform Acquisitions: Anti-Competitive Mergers or Misuses of Market Power’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 10
Stephen Puttick, 'Competition Law at the Limit of Common Law and Statute’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 4
George Raitt, "‘An Alternative Heuristic Test for Misuse of Market Power’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 7
Fiona Roughly, ‘Evaluating Evidence in Contested Merger Proceedings’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 11
Rod Sims and Graeme Woodbridge, ‘The Continuing Journey to Protect Competition: The ACCC’s Perspectives on Part IV’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 2
Rhonda L Smith and Arlen Duke, ‘What is the ‘Market’?’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 8
Cento Veljanovski, ‘Cartel Damages: Quantification, Uncertainties, and Future Approaches’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 4
Jill Walker, ‘An Economic Perspective on Part IV’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol I Context and Interpretation (The Federation Press, 2021) Chapter 3
Philip Williams, ‘Fact-Value Complexes in the Old and New Versions of Section 46’ in Michael Gvozdenovic and Stephen Puttick (eds) Current Issues in Competition Law: Vol II Practice and Perspectives (The Federation Press, 2021) Chapter 6
Working/research paper
Speeches
Rod Sims, ‘Protecting and promoting competition in Australia’ (Speech to Competition and Consumer Workshop 2021 - Law Council of Australia, 27 August 2021) (published as Rod Sims, ‘Protecting and promoting competition in Australia’ (2021) 28 Competition and Consumer Law Journal 265)
Focus on mergers
2020
Articles
Myles Bayliss, ‘Digital Platforms and Competition Law: A Review’ (2020) 28 AJCCL 176
Ray Finkelstein, ‘What is wrong with mergers in the Federal Court’ (2020) 27 CCLJ 79
Ruth CA Higgins, ‘Section 50 - Still working after all these years’ (2020) 27 CCLJ 88
Alexander Shepherd, ‘A compelling outcome: The High Court Invigorates s 155’ (2020) 28 AJCCL 214
Alex Sundakov, ‘Competition Policy in Post-Covid-19 World’ (2020) 28 AJCCL 230
Research papers
Brent Fisse, ‘Misuse of market power: Improving the Australian SLC model’ (August 2020)
Speeches
Commentary
2019
Books
Duke, Corones' Competition Law in Australia, Thomson (7th edn, 2019)
George Raitt, The Metaphysics of Market Power: The Zero-sum Competition and Market Manipulation Approach (Hart Publishing, Hart Studies in Competition Law, May 2019) ➤
Articles and working papers
Annie Cao, ‘Meredith Dairy’s Resale Price Maintenance Notification’ (2019) 27(3) AJCCL 198
Michael Daniel and Ekaterina Zotova, ‘Landmarks: Re Queensland Co-operative Milling Association Ltd, Defiance Holdings Ltd (Proposed Mergers with Barnes Milling Ltd) - Defining the Meaning of Market and Competition’ (2019) 27(1) AJCCL 43
Natasha Dixon, ‘Gippsland Dairy Farmers Group Collective Bargaining Authorisation’ (2019) 27(1) AJCCL 34
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
Lynsey Edgar, ‘Cartel Class Actions in Australia: Risks vs Rewards’ (2019) 27(3) AJCCL 183
Brent Fisse, ‘Australian Competition and Consumer Commission v Pacific National Pty Ltd (No 2) [2019] FCA 669: Access Undertaking Derails ACCC Case Under s 50’ (2019) 47 ABLR 231
Robert French, ‘Intellectual property and competition law: Nothing special?’ (2019) 117 Intellectual Property Forum 54-57
John Hedge, ‘Newcastle Shipping Channel Revocation - Wider Implications for the National Access Regime’ (2019) 27(2) AJCCL 123
Bill Keane, ‘Culture of Compliance - Meaning and Proof’ (2019) 27(3) AJCCL 204
John Kettle, ‘Competitive Neutrality, State Aid and Australia - Worth Reconsidering?’ (2019) 93 Australian Law Journal 543
Ketki Kotwal, ‘Commercial Reality: Its Place in the Authorisation of mergers’ 27(1) AJCCL 25
Andrew McClenehan, ‘Agents as Competitors? The Implications of ACCC v Flight Centre for Dual Distribution’ (2019) 27(4) Australian Journal of Competition and Consumer Law 235
David Mierendorff and Tarun McCormack, ‘Revoking declaration of the Newcastle Shipping Channel – New Criteria, New Regulation, Newcastle’ (2019) 27(4) Australian Journal of Competition and Consumer Law 263
Russel Miller AM, ‘The Future of Misuse of Market Power in Australia’ (2019) 27(1) AJCCL 73
Damien O’Brien QC, ‘Evidentiary Issues in Cartel Conduct Cases’ (2019) 27(3) AJCCL 218
Michael O’Bryan, ‘The repeal of s 51(3) of the Competition and Consumer Act 2010 (Cth)’ (2019) 46(9) Brief (Law Society of Western Australia) 20-23
Justin Oliver, ‘The Challenge of Applying s 47 of the Competition and Consumer Act in Cases Based on Purpose’ (2019) 27(4) Australian Journal of Competition and Consumer Law 252
Christopher Pleatsikas, ‘Problems Associated with Joint Expert Reports for “Hot Tubs”’ (2019) 27(3) AJCCL 176
Dave Poddar, ‘Merger Authorisation Processes in Australia in Light of the Tabcorp Decision (It's Hip to Be Square – Hipster Economics and Antitrust)’ (2019) 27(1) AJCCL 13
Rod Sims, ‘Generalist Versus Specialist Regulatory Models and the Risk of Unintended Deregulation’ (2019) 27(2) AJCCL 119
Rhonda L Smith and Arlen Duke, ‘Inequality and competition law (2019) 27 Competition and Consumer Law Journal 1
Hank Spier, ‘Commission Cameos: Are we moving toward some further changes to competition laws’ (2019) 27(4) Australian Journal of Competition and Consumer Law 304
Luke Woodward, 'Should penalties under the Competition and Consumer Act be increased' (2019) 47 ABLR 59
Ian Wylie, 'Cartel conduct or permissible joint venture' (2019) 47 ABLR 7
Conference papers and speeches
Greg Houston, Luke Wainscoat and Bronwyn McDonald, ''Proof of collusion' or optical illusion? Economic evidence in cartel investigations and prosecutions' (Competition Law Conference, Sydney, 25 May 2019 - presented by Greg Houston)
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)
Genevieve Rahman and Tina Sun, 'Proof of collusion: The evidentiary options when there is no "smoking gun"' (Competition Law Conference, Sydney, 25 May 2019) (presented by Genevieve Rahman with Luke Woodward)
Opinion pieces, news and commentary
Dirk Auer, ‘The Limits of Australia’s Digital Platforms Inquiry’ (CPI News, 18 November 2019) ➤
2018
Books
A Bruce, Australian Competition Law (2018, 3rd edn, LexisNexis)
J D Heydon, The Restraint of Trade Doctrine (2018, 4th edn, LexisNexis)
Katharine Kemp, Misuse of Market Power: Reform and Rationale (Cambridge University Press, 2018)
Miller, Miller's Australian Competition Law and Policy, Thomson (3rd edition, 2018)
Reports
OECD, 'Pecuniary penalties for competition law infringements in Australia' (March 2018)
Articles, working papers and speeches
Matthew Barry, 'An attempt to induce a cartel, or an example of a concerted practice? ACCC v Australian Egg Corp Ltd' (2018) 26 Australian Journal of Competition and Consumer Law 59
Caron Beaton-Wells and Julie Clarke, ‘Deterrent Penalties for Corporate Colluders: Lifting the Bar’ (2018) 37(1) University of Queensland Law Journal 107-125 ➤
Andrew Christopher and Sarah Andrews, 'Gender Disparity in Cartel Conduct' (2018) 46 ABLR 238 (subscription required) ➤
Julie Clarke, 'The Full Federal Court Dismisses the Pfizer Appeal' (2018) 26(3) Australian Journal of Competition and Consumer Law 213
Brent Fisse, 'Australian Cartel Law: Biopsies' (Competition Law Conference, Sydney, 5 May 2018)
Angele Flannery, 'Mobile infrastructure regulation in Australia: Is light-touch regulation appropriate?' (2018) 26 Australian Journal of Competition and Consumer Law 33
Hon Justice Lindsay Foster, 'Concerted Practices: A Contravention Without a Definition' (Competition Law Conference, Sydney, 5 May 2018)
William Gummow AC, 'What is in a word? 'Legitimate' interests and expectations as common law criteria' (2018) 45(1) Australian Bar Review 23
Deborah Healey and Rhonda L Smith, 'Competitive neutrality in Australia: Opportunity for policy development' (2018) 25 Competition & Consumer Law Journal 223
Sharon Henrick, 'Digital Platforms - Evolution in the Revolution' (Competition Law Conference, Sydney, 5 May 2018)
Richard Holden, 'Competitive neutrality in industry equilibrium' (2018) 25 Competition & Consumer Law Journal 267
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
Ketki Kotwal, 'Failure to properly consider a party's case; You can bet it will be appealed: ACCC v Australian Competition Tribunal' (2018) 26 Australian Journal of Competition and Consumer Law 55
Felicity Lee, 'Flight Centre v ACCC: Increased Penalties for Attempted Price-Fixing by an Agent' (2018) 26(3) Australian Journal of Competition and Consumer Law
Bronwen Morgan, Sophia Bai and Jyotsana Bhasker, 'Competitive neutrality and the challenge of social enterpreise' (2018) 25 Competition & Consumer Law Journal 249
Ian Neil SC and Nicholas Saady, 'The Reasonableness of Restraints: An Analysis of the Enforcement of Post-Employment Restraints' (2018) 46 ABLR 99
Rob Nicholls, 'Making the dual model work: Competitive neutrality and net neutrality issues facing the Australian Broadcasting Corporation' (2018) 25 Competition & Consumer Law Journal 301
Dave Poddar, 'Merger authorisations in light of the Tabcorp authorisation (it's hip to be square - hipster economics and antitrust' (Competition Law Conference, Sydney, 5 May 2018)
Holly Raiche, 'Part XIB: The survivor' (2018) 26 Australian Journal of Competition and Consumer Law 51
Delia Rickard, 'The ACCC and the Net Economy' (The Business of Media Summit, 27 February 2018) ➤
Jessica Rusten, 'Aplying the new declaration criteria: How have the amendments to the declaration criteria changed the landscape of regulated access in Australia?' (2018) 26 Australian Journal of Competition and Consumer Law 40
Rod Sims, '2018 Compliance and Enforcement Priorities' (CEDA, Sydney, 20 February 2018) ➤
Rhonda Smith and Arlen Duke, 'Lessons for Market Definition from Air Cargo' (2018) 46 ABLR 197
Brendan Walker-Munro, 'The Sound of One Hand Shaking Itself: Inchoate Cartel Conduct under the Competition and Consumer Act 2010' (2018) 26 Australian Journal of Competition and Consumer Law 21
Ed Willett and Deborah Cope, 'A new competitive neutrality' (2018) 25 Competition & Consumer Law Journal 280
2017
Articles, notes and speeches
Nicholas Allingham, 'Merger authorisations and the public benefit test: What on earth is a public benefit?' (2017) 25 AJCCL 279
Diana Biscoe and Jilly Cohen, 'The Concept of "In Competition" takes flight: ACCC v Flight Centre Travel Group Ltd' (2017) 25(3) Australian Journal of Competition and Consumer Law 216
Tom Bridges and Patrick Barkachi, 'Establishing a Quantifiable Benefit or Detriment When Setting Pecuniary Penalties: ACCC v Cement Australia Pty Ltd' (2017) 25 Australian Journal of Competition and Consumer Law 65
Jonathan Crowe and Barbora Jedlickova, 'What's Wrong with Cartels?' (2017) 44(4) Federal Law Review
Lovelle D’Souza, 'Authorisations and Notification: Collective Bargaining: When Will the ACCC Approve?' (2017) 25 Australian Journal of Competition and Consumer Law 40
Nicholas Evans, 'Remedies and Harm in the Post-Harper Environment' (2017) 25 AJCCL 286
French, 'Local Politics, Global Change and Australia's Competition Law - the Role of the Regulator as Competition Advocate' (Competition Law Conference, Sydney, 5 May 2017)
David Godwin, ''Proving Corporations are Agents: Problems and Solutions' (2017) 25 AJCCL 270
John Hedge,'Does price monitoring have a place' (2017) 25 Australian Journal of Competition and Consumer Law 136
Ketki Kotwal, 'The Intriguing Concept of "Give Effect to"' (2017) 25 Australian Journal of Competition and Consumer Law 251
Nick Kotzman, 'The Cartelist's Dilemma: Leniency Policies and Game Theory' (2017) 25 Australian Journal of Competition and Consumer Law 22
Tim Luxton, 'The Australian Competition Tribunal in 2016' (2017) 25 Australian Journal of Competition and Consumer Law 145
Scott Meacock and Tenille Kearney, 'Enforcement and Remedies: Criminal Cartel Conduct: A Brief Survey of Domestic and International Criminal Cartel Enforcement Activity' (2017) 25 Australian Journal of Competition and Consumer Law 53
Russell Miller AM, 'The Trigger for Australian Competition Liability' (2017) 25 Australian Journal of Competition and Consumer Law 153
C Morris and R Nicholls, 'Do it once, get it right: Wholesale regulatory intervention in price and cost disclosure' (2017) Law and Financial Markets Review
Rob Nicholls and Deniz Kayis, 'Concerted practices contested: Evidentiary thresholds' (2017) 25 Competition and Consumer Law Journal 125
Carolyn Oddie and Amanda Richman, 'Most Favoured Nations: When a Clause Falls Out of Favour' (2017) 25 Australian Journal of Competition and Consumer Law 259
Justin Oliver and Paul Schoff, 'Agency and Competition Law in Australia Following ACCC v Flight Centre Travel Group' (2017) 8 Journal of European Competition Law & Practice 321
Justin Oliver and Paul Schoff, 'The intersection between agency and competition law: What are the implications of the High Court’s decision in Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd?' (2017) 25 Competition and Consumer Law Journal 53
Sims, 'Advocacy and the regulator' (Australian Automotive Dealer Association, 18 September 2017) ➤
Sims, 'CCA compliance in interesting times' (CEDA, Sydney, 24 February 2017) ➤
Sims, 'The ACCC's approach to colluding robots' (Can Robots Collude?, 16 November 2017) ➤
Thomas Smalley, 'Australia: A market no longer girt by sea? Air New Zealand Ltd v ACCC' (2007) 25 AJCCL 305
Hank Spier and Charles Sweeney QC, 'The Air Cargo Litigation - "A Tyre is [not] a Car"' (2017) 25 AJCCL 312
Robert Walker and Rosannah Healy, 'Triple A Rated? Regulating Online Information Disclosures' (2017) 25 Australian Journal of Competition and Consumer Law 4
Suiyi Zhang, 'Extracting Value from Big Data: Taking Big Data Processing and Analysis into Account' (2017) 25 Australian Journal of Competition and Consumer Law
2016
Books
Articles and speeches
Peter Armitage, 'The evolution of the substantial lessening of competition test – a review of case law' (2016) 44 Australian Business Law Review 74
Robert Baxt AO, 'Recent successes for the Australian Competition and Consumer Commission' (2016) 44 Australian Business Law 216
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
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
Adrian Coorey, 'The ACCC, the Internet and Extraterritorial Injunctions' (2016) 24 Australian Journal of Competition and Consumer Law 214
Stephen Corones, 'Section 46: Exposure Draft Legislation and ACCC Draft Misuse of Market Power Guidelines' (2016) 44 Australian Business Law Review 384
James Duffy, 'When does market power derive from excess capacity?' (2016) 24(1) Competition and Consumer Law Journal 48
Matthew Garey and Jacqueline Ibrahim, 'Made in Japan, caught in Australia a - 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
John Hedge and Jessica Rusten,'The Re-Emergence of Access Regulation as an Avenue to Challenge Monopoly Pricing' (2016) 24 Australian Journal of Competition and Consumer Law 222
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) ➤
John Kench, 'Substantial Lessening of Competition' (Competition Law Conference, Sydney, 21 May 2016)
Ketki Kowal, 'An Electrifying Case: ACCC v Yazaki Corp (No 2)' (2016) 24 Australian Journal of Competition and Consumer Law 232
Justice John Mansfield, 'Every time I find the meaning of life, they change it!' (Competition Law Conference, Sydney, 21 May 2016)
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
Sophie Matthiesson, 'Section 47: The case for repeal' (2016) 24 Competition and Consumer Law Journal 173
Paul McLachlan, 'Margin Squeezes as a Misuse of Market Power' (2016) 24(4) Australian Journal of Competition and Consumer Law
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
George Raitt, 'Competition and efficiency effects in Europe, North America and Australia' (2016) 24 Competition and Consumer Law Journal 187
Miller AM, Russell, 'The Ongoing Australian Struggle with Misuse of Market Power' (2016) 24 Australian Journal of Competition and Consumer Law 242
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
Dave Poddar and Kiran Gill, 'Australia: First Authorisation of Resale Price Maintenance?' (2016) 7(3) Journal of European Competition Law & Practice 212-218
Anne Rees, 'Status quo restored: High Court approves use of agreed civil penalty submissions' (2016) 32(1) Competition and Consumer Law News 134
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
Books and book chapters
Bob Baxt, Bob's Best: A Collection of Essays by Bob Baxt (Wolters Kluwer, November 2015)
Duns and Duke, Competition law: cases and materials, LexisNexis (4th edn, 2015)
Reports
Inquiry into Competition and Consumer Amendment (Misuse of Market Power) Bill 2014 (Feb 2015)
Articles
Andrew Christopher, 'Case note: Flight Centre Limited v Australian Competition and Consumer Commission' (2015) 31(7) Competition and Consumer Law News 93
Arlen Duke and Rhonda L Smith, 'The Harper Review Recommendations on Anticompetitive Agreements: Some Comments' (December 2015) 48 (4) Australian Economic Review 428
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
Editorial, 'Confession is Good for ... the pocket?' (2015) 23 Australian Journal of Competition and Consumer Law 81
Lynsey Edgar, 'Financial rewards for cartel informants: A future approach to cartel detection in Australia?' (2015) 23 Competition and Consumer Law Journal 105
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
Allan Fels, 'Current Issues in Competition Policy' 48(4) Australian Economic Review 410
Richard Flitcroft and Nadya Riitano, '$8.3 million penalty for renegade gas companies' (2015) 31(1) Competition and Consumer Law News 11
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
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
Emma Gorrie, 'When will the ACCC grant interim authorisation?' (2015) 23 Australian Journal of Competition and Consumer Law 192
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
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 74
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 ➤
Stephen King, 'Competition Policy and the Competition Policy Review' (2015) 48(4) Australian Economic Review 402
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 opts for the long haul in Flight Centre but not ANZ' (2015) 31(8) Competition and Consumer Law News 98
Alexandra Merrett, 'ACCC v Cabcharge: an end to a decade-long dispute?' (August 2015) 31(6) Competition and Consumer Law News 79
Louise Olsen, ‘Tools down: First resale price maintenance application authorised’ (2015) 23 AJCCL 45
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
Peter Sise, 'Obtaining transcripts of s 155 examinations and the 'implied undertaking'' (2015) 31(9-10) Competition and Consumer Law News 118
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
Ian Stewart, 'Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor' (2015) 43 ABLR 474
Martyn Taylor, 'Media and telecommunications: Competition law and digital disruption – insights for Australia' (2015) 43 ABLR 509
Michael Terceiro, 'Broad markets give less room to move — Coles’ proposed acquisition of Supabarn' (2015) 31(7) Competition and Consumer Law News 88
Nicholas Twomey, 'Rural Press: A game of collusion' (2015) 43 ABLR 489
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
Kirsten Webb and Anchal Kapur, 'No Agreement over Agreed Penalties' (2015) 31(9-10) Competition and Consumer Law News 114
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
Suiya Zhang, 'Market power in pharmaceutical antitrust cases - Australia's approach contrasted' (2015) 31(3&4) Competition and Consumer Law News 56-59
Speeches and conference papers
Rod Sims, 'Priorities 2015' (Speech at CEDA, Sydney, 19 February 2015) ➤
Rod Sims, 'Section 46: The Great Divide' (Competition Law Conference, Sydney, 30 May 2015) ➤
2014
Books and book chapters
Caniel Clough, Competition Law - The Laws of Australia (2014)
Corones, Competition Law in Australia, Thomson (6th edn, 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.
Articles
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
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
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
Alex Bruce, 'Obeid challenge to s 155 notices rejected by the court' (2014) 30(8&9) Competition and Consumer Law News 114
Minh Bui, 'Tribunal tableaux' (2014) 22 AJCCL 66
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
Stephen Corones, 'Competition law and market regulation: Behaviour v Structure: Tribunal's AGL Energy Merger Authorisation' (2014) 42 ABLR 292
Stephen Corones, 'Competition Policy Review: Draft recommendations on competition laws' (2014) 42(6) Australian Business Law Review 479
Stephen Corones, 'When should private property rights give way to the public interest' (2014) 42 ABLR 124
John Duns, 'Penalty problems in Flight Centre' (2014) 22(4) AJCCL 282
Allan Fels AO, Nick Taylor and Prudence Smith, 'Simplifying Australia's competition laws' (2014) 30(8&9) Competition and Consumer Law News 94
Michael Ferguson and Scott Meacock, 'Enforcements and Remedies: Cartel conduct: A survey of the ACCC's enforcement activity' (2014) 22 AJCCL 46
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
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
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
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 Lawrence and Alisha Jung, 'ACCC v Pfizer: a bitter pill?' (2014) 30(8&9) Competition and Consumer Law News 105
Mark Lewis, 'Supermarket private labels: Consumer dream or nightmare in disguise?' (2014) 22 AJCCL 98
Justin Lipinski, 'Blurring the bright line? Third line forcing revisited' (2014) 22 AJCCL 23
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
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
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, '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, 'The Flight Centre saga continues' (2014) 30(6) Competition and Consumer Law News 73
Russell Miller, 'What if ... The prohibition on resale price maintenance - from controversial beginnings to redundance?' (2014) 22(3) AJCCL 224
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
Natalie Naylor, 'Council considerations: The Council's work under the National Access Regime in 2013' (2014) 22 AJCCL 75
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
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.
Amanda Richman, 'Authorisations and Notifications: Price setting and collective bargaining arrangements for professionals - in what circumstances will they be authorised?' (2014) 22 AJCCL 40
Warwick Rothnie, 'Trade marks and parallel imports' (2014) 22 CCLJ 39
Graeme Samuel AO, 'A tribute to Ron Bannerman, the father of Australian competition law' (2014) 22 AJCCL 95
Martin P Shanahan and Kerrie Round, ‘Transforming Australian business attitudes to competition: Responses to the Trade Practices Act 1965’ (2014) 56(3) Business History 434
Rod Sims, 'Australian Competition and Consumer Commission priorities' (2014) 22(3) AJCCL 184
Peter Sise, 'The Competition Policy Review releases its draft report' ' (2014) 30(8&9) Competition and Consumer Law News 110
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
Hank Spier, 'Commission cameos: 40 years of trade practices law administration' (2014) 22(4) AJCCL314
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
Martyn Taylor, 'Predatory buying to corner a market: ACCC v Cement Australia Pty Ltd' (2014) 22 AJCCL 146
Matthew E Taylor and Arlen Duke, 'Refocussing the parallel import debate' (2014) 22 CCLJ 21
Nicolas Taylor and Elisabetta Santi, 'Corporate executives are entitled to human rights in competition law investigations' (2014) 21 CCLJ 264
Tjarda van der Vijver, 'Justifications and Anti-competitive Unilateral Conduct: An International Analysis' (2014) 37(1) World Competition 27–51 (includes comparative with Australia)
Philip Williams, 'Should an effects test be added to s 46?' (Competition Law Conference, Sydney, 24 May 2014)
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
Conference papers and speeches
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)
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.
2013
Books and book chapters
Bruce, Australian Competition Law, LexisNexis Butterworths (2nd edn, 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 (Cheltenham UK Edward Elgar, 2013)
Alexandra Merrett, The Assessment and Regulation of Market Power in Australia: An Institutional Approach (2013) LAP Lambert Academic Publishing.
Vijaya Nagarajan, Discretion and Public Benefit in a Regulatory Agency, (ANU E Press, 2013) ➤
Ian B Stewart, Misuse of Market Power in Australia (2013) (Amazon Kindle)
Reports
Productivity Commission, National Access Regime
(Reported 2013; released Feb 2014)
Articles and research papers
Caron Beaton-Wells, 'Immunity Policy: Revolution or Religion? An Australian Case-Study' [2013] UMelbLRS 2 (published in (2013) Journal of Antitrust Enforcement 1-44)
Michael Bradley, 'Airline cargo price fixing: cartel conduct gets sky-high penalties' (2013) 28(6) Competition and Consumer Law News 98
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] ➤
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) ➤
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
Paulina Fishman, 'Australian competition law still trips over barriers to entry' (2013) 21(2) Australian Journal of Competition and Consumer Law 98-108
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
Brent Fisse, 'The proposed NZ Anti-Cartel Law: A Key-Point Comparison (June 2013) ➤ (also published as Brent Fisse, 'The proposed NZ anti-cartel law: a key-point comparison' (2013) 28(10) Competition and Consumer Law News 156)
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
Andy Glenie, 'The long arm of New Zealand competition law: two cases on jurisdiction' (2013) 28(8) Competition and Consumer Law News 127
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
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
Nicola Lord, 'Authorisations and notifications: International networks: Qantas and Emirates co-ordination agreement' (2013) 21 AJCCL 206
Ben Morawetz, 'Mobility barriers and market power - determining the extent of entry or expansion under Australian law' (2013) 20 Competition & Consumer Law Journal 213
Vijaya Nagarajan, 'The Paradox of Australian Competition Policy: Contextualizing the Coexistence of Economic Efficiency and Public Benefit' (2013) 36(1) World Competition 133–163
Vivienne Pham, 'The treatment of efficiencies under the informal merger clearance process' (2013) 21 Competition and Consumer Law Journal 127
Verity Quinn and Rosannah Healy, 'Part IIIA - the current state of play' (2013) 21 AJCCL 244
Douglas Shirrefs, 'The more things change, the more they stay the same' (2013) 21 AJCCL 127 (proposed Virgin acquisition of Tiger)
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)
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
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
Alex Sundakov, 'Should regulation try to replicate competitive markets?' (2013) 21(2) Australian Journal of Competition and Consumer Law 138-140
Martyn Taylor, 'Achieving regulatory certainty: the NBN Co Special Access Undertaking' (2013) 28(9) Competition and Consumer Law News 145
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 Kingdom' (2013) 41 Australian Business Law Review 270
Cento Veljanovski, 'The Flawed Market Power Counterfactual' [2013] NZLJ 247
Nicholas Wendon, 'Division 1A of the Competition and Consumer Act 2010 (Cth): A critique' (2013) 21 AJCCL 181
Philip Williams, 'The counterfactual test in s 46' (2013) 41(2) Australian Business Law Review 93
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
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
Frank Zumbo, 'Proposals for an ACCC makeover' (2013) 21(2) Australian Journal of Competition and Consumer Law 109-116
Speeches/conference papers
Now also published as: Professor Frederick G Hilmer AO, 'National Competition Policy: Coming of Age' (2014) 42 ABLR 36
Jill Walker and Tim Grimwade, Mergers: A 20 year retrospective (Competition Law Conference, Sydney, May 2013) (view PowerPoint presentation). ➤
2012
Books and book chapters
Reports
Articles
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
Philip Clarke, 'The extraterritorial reach of the CCA — a primer' (July 2012) 27 Competition and Consumer Law News 308
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
H. Stephen Harris, Jr. & R. Ian McEwin, 'Is East Asian Antitrust Different?' (International Antitrust Bulletin, December 2012, Volume 4) 18
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.
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
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
Nick Seddon, 'Holes in Hilmer re-visited: Government exemption from Australian competition and consumer law' (2012) 20/4 AJCCL 239
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.
Rhonda L Smith and David K Round, ‘Putting the cart before the horse? Market definition in Seven Network v News Ltd’ (2012) 20 CCLJ 148
Hank Spier, 'Post "Metcash" - Should we reconsider the ACCC merger review processes?' (2012) 20 AJCCL 118
Martyn Taylor and Claire Forster, 'Resale Price Maintenance: An Update and a Reminder' (2012) 27(9) Competition and Consumer Law News 294
Michael Terceiro, 'ACCC v Ticketek - a non-event?' (2012) 64(3) Keeping Good Companies 158-161 ➤
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) ➤
Danielle Wood and Morelle Bull, 'Holding out for a hero: Assessing mergers between potential competitors' (2012) 20 CCLJ 125
Luke Woodward, Simon Muys, Catherine Dermody, 'Twenty years after Hilmer, the High Court sets Part IIIA on a different track' (Gilbert + Tobin update, 17 September 2012) (also published at Lexology) ➤
Tihana Zuk, 'Buying groups and risks under the Competition and Consumer Act' (2012) 27(9) Competition and Consumer Law News 289
Frank Zumbo, 'Promoting a more diverse and competitive Australian supermarket sector' (2012) 20 AJCCL 25
Frank Zumbo, 'The rise and rise of small business commissioners' (2012) 20 AJCCL 93
2011
Books and book chapters
Clarke, Corones and Clarke, Competition Law and Policy: Cases and Materials (3rd edn, July 2011) ➤
Graeme Edgerton and Luke Woodward, 'Criminalisation of cartels' in Michael Legg, Regulation, litigation and enforcement, Thomson (2011) (chapter 14)
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)
Miller, Miller's Australian Competition Law and Policy, Thomson (2nd edition, 2011) ➤
Reports
The impacts of supermarket price decisions on the dairy industry ➤
This is the Senate Inquiry into 'Milk Price Wars'
Referred to Senate Economics Committee on 10 February 2011. Submissions due 28 February Report date: 15 April 2011 (extended to 20 April 2011). Interim report released 20 April. Second interim report released 9 May. Final report presented to Senate on 3 November. Government response received February 2012.
Articles and research papers
Michael Bradley and Jessica Vartuli, 'Access denied: court denies Fortescue access to Pilbara railway lines' (August 2011) 26(10) Competition & Consumer Law News 118
David Brewster and Verity Quinn, 'Partial Shareholdings and Minority Interests - When is a Little Too Much for the ACCC?' (2011) 19 AJCCL 248
Caroline Coops and Sharon Henrick, 'Australia: Merger Control' in Global Competition Review, 'The Asia-Pacific Antitrust Review 2012' ➤
Lilla Csorgo, 'Resale Price Maintenance Provisions: Who has it Right?' (Paper presented at the 9th Annual University of South Australia Competition and Consumer Workshop, Adelaide, 15 October 2011) (external PDF) (see also related PPT slides and commentary by Rhonda Smith) ➤
John Duns, 'Price Signalling: The proposed reforms' (2011) 19 AJCCL 274
Justice Ray Finkelstein, 'Crimes and punishments of competition law' (2011) 18 Competition and Consumer Law Journal 207
Justice J G Fogarty, 'Running the mischief rule over appellate decisions trans-Tasman' (2011) 18 CCLJ 224
Frederick G Hilmer AO, 'The Changing Politics of Copmpetition Reform' (2011) 19 AJCCL 217
Thomas Jones and Sarah Godden, 'Is there a future for Part IIIA after Fortescue?' (2011) 19 AJCCL 181
Hank Spier, 'A Deja Vu Tale of Two Grocery Markets' (2011) 19 AJCCL 143
Alex Sundakov, 'Prices and Costs: Good Accounting is Bad Economics' (2011) 19 AJCCL 147
Justice Geoffrey Nettle, 'Criminalisation of Cartel Conduct: Commentary' (2011) 18 CCLJ 213
Emily McConnell, 'Coordinated effects - the emergence of a new paradigm' (2011) 28 ABLR 159
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
Marina Nehme, ‘Enforceable Undertaking: A Restorative Sanction?’ (2010) 36 Monash ULRev 108 ➤
Marina Nehme, ‘Enforceable Undertaking: Are they procedurally fair?’ (2010) 32 Sydney Law Review 472 ➤
Monali Pandey, 'ACCC v April International Marketing Services Australia Pty Ltd (No 8) [2011] ATPR 42-348' (2011) 19 AJCCL 206
Hashini Panditharatne, 'The Queensland Rail Access Regime: The National Competition Council's Recommendation' (2011) 19 AJCCL 41
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
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
Kon Stellios and Caterina Cavallaro, 'Immunity: A dilemma for both whistleblowers and the ACCC' (2011) 19 AJCCL 163
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
I S Wylie, 'Cartel compensation - a consumer perspective' (2011) 39 ABLR 177
Case Associates (Cento Veljanovski), 'FOXTEL/Austar merger: Pay TV merger policy by political forecasting' (August 2011) ➤
I S Wyle, 'Not that old chestnut again - Third line forcing under the Competition and Consumer Act 2010' (2011) 19 CCLJ 18
Hui Yun Corinne Tan, 'Further reflections on the interpretations of private and public benefits in merger authorisation decisions' (2011) 19 CCLJ 38
Speeches
Rod Sims, Some Perspectives on Competition and Regulation (Melbourne Press Club, 10 October 2011) ➤
Rod Sims, Is competition a myth? (speech to the Australian Economic Forum, Sydney, 23 September 2011 ➤
News items of interest
2010
Books and book chapters
Reports
OECD Report - Towards a Seamless National Economy (2009 Review of Regulatory Reform: Australia) ➤
OECD Policy Brief - Competition Policy in Australia ➤
Articles and working papers
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 ➤
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
John Duns, ‘Restrictive trade practices: More problems with purpose: The C7 decision’ (2010) 18(4) Trade Practices Law Journal 281
Matthew Eglezos, 'Recovering cartel damages: The passing-on defence under the Trade Practices Act' (2010) 38 ABLR 174
Paul Evans, Peter Sadler and Michelle Guy, 'An Unsettling Remedy: Enforcing the Law by Settlement' (2010) 18 Trade Practices Law Journal 270
Brent Fisse and Caron Beaton-Wells, Submission to the Competition and Consumer Amendment Bill (No 1) Exposure Draft (re: price signalling) ➤
Chief Justice RS French, 'Surfing the Wavefront' (2010) 18 Trade Practices Law Journal 77
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.) ➤
Jane Nielsen, 'Biomedical innovation: How compulsory is competition?' (2010) 38 ABLR 100
Richard Owens, 'Criminalisation of Cartels in Australia' (1 March 2010) at SSRN ➤
Bill Reid, 'Section 46 - A New Approach' (2010) 38(1) Australian Business Law Review 41
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
Will Turtle, 'Access to services: At what cost expedition? Reactions to the Trade Practices Amendment (Infrastructure Access) Bill 2009' (2010) 18(3) Trade Practices Law Journal 212
Cento Veljanovski, 'Counterfactual Tests in Competition Law' (2010) 4 Competition Law Journal (download from SSRN) (focus on Europe and UK, but relevant to Australia)
Kate Watts and Tova Gordon, 'Cartel class actions: Recent developments in Australia' (2010) 18 Trade Practices Law Journal 81
Frank Zumbo, 'The Dangers of Anti-Competitive Mergers and Creeping Acquisitions: The Case for the Richmond Amendment' (2010) 18 Trade Practices Law Journal 106
Speeches and conference papers
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')
2009
Reports and discussion papers
Government - Discussion Paper, Creeping Acquisitions - The Way Forward (6 May 2009) ➤
Government, Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act (January 2009) ➤
Articles and research papers
Rex Ahdar, 'An antitrust decalogue: The ten commandments of Australasian competition law' (2009) 37 ABLR 324
Bob Baxt and Jason King, 'Extraterritoriality provisions of the Trade Practices Act' (2009) Keeping Good Companies 295
Daniel Clarry, 'Contemporary approaches to market definition: Taking account of international markets in Australian competition law' (2009) 37 Australian Business Law Review 143
Stephen Corones, 'Sections 46(1) and 46(1AA) of the TPA: The struggle of the small against the large' (2009) 37 Australian Business Law Review 110
Brent Fisse, 'The Contract Requirement for the Joint Venture Exceptions under Sections 44ZZRO and 44ZZRP of the Cartel Bill, June 2009
James Johnson, 'Restraint of Trade Law in Sport' (2009) Sports Law eJournal ➤
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
Dave Poddar, 'The Failing Firm: Its place under Australian merger control' (2009) 17 TPLJ 252 ➤
Graeme Samuel, 'The ACCC enforcement perspective on serious cartel conduct' (2009) 17 Trade Practices Law Journal 244
Speeches
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
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
2008
Books and chapters
Heydon, The Restraint of Trade Doctrine, LexisNexis (3rd Edition) (2008) ➤
Reports and inquiries
ACCC, ACCC inquiry into the competitiveness of retail prices for standard groceries (31 July 2008) ➤
Government - Discussion Paper, Creeping Acquisitions (1 September 2008) ➤
Articles and research papers
T Leuner, 'Time and the dimensions of substitutability' (2008) 36 ABLR 327
Nick McHugh and Warren Pengilley, ‘Lessons From the Visy Case' [2008] 60(1) Keeping Good Companies 36
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
Ian Wylie, 'Understanding understandings under the Trade Practices Act 1974: an Enforcement Abyss?' (2008) 16 Trade Practices Law Journal 1
Speeches
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
2007
Reports
ACCC, Report of the ACCC inquiry into the price of unleaded petrol (December 2007) ➤
Articles
Brenda Marshall, 'Mechanics of market definition' (2007) 13(2) The National Legal Eagle ➤
Speeches
Justice French, 'Declarations - Homer Simpson's remedy - Is there anything they cannot do?' (30 November 2007) University of Western Australia - Faculty of Law - Perspectives on Declaratory Relief (includes mention of Part IIIA of the TPA) ➤
Justice Middleton, 'Expert Economic Evidence' (FCA) [2007] FedJSchol 21 ➤
2006
Articles
Andrew Corkhill, ‘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.
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
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
Warren Pengilley, 'What is required to prove a 'contract, arrangement or understanding'?' (2006) 13 Competition and Consumer Law Journal 241
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
Speeches
2005
Articles
Caron Beaton-Wells, ‘Customer testimony and other evidence in Australian antitrust assessments - searching for the oracle’ (2005) 33(6) ABLR 451 [ see also [2005] UMelbLRS 2] ➤
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
John Fallon, 'ACCC's Authorisation Decisions: Interpretation of Public Benefit' (2005) 12(4) Agenda 335-350 (merger focus) ➤
Vijaya Nagarajan, Evaluating the Public Benefit Test Project: An Assessment of the Public Benefit Test in Authorisation Determinations by the ACCC (September 2005) ➤
David K Round and Leanne M Hanna, 'Curbing Corporate Collusion in Australia: The Role of Section 45A of the Trade Practices Act' [2005] MULR 7 (alternative link here) ➤
Rhonda Smith, "The Australian grocery industry: a competition perspective" (2006) 50(1) The Australian Journal of Agricultural and Resource Economics 33 - 50 [SSRN link] ➤
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.
Speeches
Justice Robert French, 'The role of the Court in competition law' (FCA) [2005] FedJSchol 4 ➤
2004
Books and book chapters
Reports
Working Party Report on Criminal Penalties for Cartel Behaviour (2004) (released December 2010) ➤
Articles and research papers
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
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
Frances Hanks, 'Intellectual Property and Price Discrimination: a challenge for Australian competition law' (2004) 16 Information Economics and Policy 113-134
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
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
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
Speeches
2003
Articles
Dawson Report - Review of the Competition Provisions of the Trade Practices Act (January 2003) ➤
Books and book chapters
Beaton-Wells, Proof of Antitrust Markets in Australia, Federation Press (2003) ➤
Articles
Julie Clarke, 'The Dawson Report and Merger Regulation' (2003) 8(2) Deakin Law Review 245 ➤
Philip Clarke, Julie Clarke, 'Players, Clubs, Events and the Trade Practices Act: A Primer for Sporting Clubs' (2003) 6(2) Sport Management Review 169-184
George A Hay, 'Boral - free at last' (2003) 10 CCLJ
John Kench, 'Collective Bargaining: The Dawson Review's Assistance Package for Business Cartels' 26(1) University of NSW Law Journal 257
McEwin, 'Competition Law in a Small Open Economy' (2003) 26 UNSW Law Journal 246
Christopher J Pleatsikas, 'An economic interpretation of recent American and Australian judicial decisions on predatory pricing' (2003) 11 Trade Practices Law Journal 12
Rhonda Smith, 'Authorisation and the Trade Practices Act: More About Public Benefit' (2003) 11 CCLJ 21
Rhonda L Smith and David K Round, 'When is a Market a Market?' (2003) 31 ABLR 412 ➤
Rhonda L Smith and Rachel Trindade, 'The High Court on Boral: A return to the past?' (2013) 10 CCLJ
Other
2002
Report
Articles
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
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)
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
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)
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
Other
Maureen Brunt, Submission number 183 to the Dawson Review, 28 August 2002 (on the issue of market definition) ➤
2001
Books and book chapters
Warren Pengilley, Price fixing and exclusionary provisions (Prospect Media, 2001) (ISBN 1863161635)
Articles
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
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
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
Robertson Wright and Michelle Painter, ‘Recent developments in the application of s 46: Melway and Boral considered’ (2001) 21 Australian Bar Review 105
Karen Yeung, The Public Enforcement of Australian Competition Law (ACCC 2001) (NLA citation information) ➤
2000
Books and book chapters
Steinwall (ed) 25 Years of Australian Competition Law (2000) ➤
Articles
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]
Warren Pengilley, 'Misuse of Market Power: The Unbearable Uncertainties Facing Australian Management' (2000) 8 TPLJ 56
Ian B Stewart, 'Mergers and Competition: An Analysis of Section 50 of the Trade Practices Act' (2000) 74 ALJ 533
Speeches
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] ➤
1999
Articles
1998
Books and book chapters
Internet publication by the Publication Trust, 2008
(available online; includes useful comprehensive analysis of cases and compreensive bibliography)
Articles
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
R Smith and J Walker, 'Part IIIA Efficiency and Functional Markets' (1998) 5 Competition & Consumer Law Journal 183
I Stewart, 'The Economics and Law of Section 46 of the Trade Practices Act' (1998) 26 ABLR 111.
Tania Voon, 'Overstated undertakings: recent developments for compliance programs' (1998) 6 Trade Practices Law Journal 196
1997
Articles
John Creedy and Robert Dixon, 'The Distributional Effects of Monopoly', The University of Melbourne, Department of Economics, Research Paper Number 576, July 1997
Lynden Griggs, 'News Ltd v ARL: the Birth of Superleague But the Death of Joint Ventures?' (1997) 5 Competition and Consumer Law Journal
F Hanks, 'Unlocking the infrastructure: The reform of public utilities in Australia' (1997) 12 Policy 51-53
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
Mitchell G Landrigan, ‘Vertical Price and Non-Price Restraints in Australia and the US: A Comparative Analysis’ (1997) 25 Australian Business Law Review 312
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
1996
Articles
Warwick Anderson, Tim Grimwade, Jill Walker, and Luke Woodward, Merger, 'Misconceptions: the Industry Commission's Paper on the ACCC's Draft Merger Guidelines' (1996) 4(2) Competition and Consumer Law Journal 132-13
Stephen Corones, 'Is the adversary process appropriate in restrictive trade practices cases?' (1996) 24 Australian Business Law Review 71
Geoff Edwards, 'When Should Resale Price Maintenance be Authorised? Guidelines for Use in Authorisation Decisions' (1996) 4 Trade Practices Law Journal 161
1995
Books
Articles and research papers
Maureen Brunt, 'Issues from the Davids/QIW merger case — a comment' (1995) 3 Competition & Consumer Law Journal 16
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 Australasian antitrust: an American perspective' (1994) 1 Competition & Consumer Law Journal 215
A I Tonking, 'The Gillette Case - A Close Shave' (1995) 3 Competition and Consumer Law Journal 62
1994
Articles
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
SG Corones, 'Substantial lessening of competition - Twenty years on' (1994) 22 ABLR 239
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
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
R Ian McEwin, 'Vertical Restraints in the Australian Trade Practices Act' (1994) 9 Review of Industrial Organization 627-247
K McMahon, 'Refusals to supply by Corporations with Substantial Market Power' (1994) 22 ABLR 7
David M Meltz, 'Happy Birthday Mr Nordenfelt! - The Cenenary fo the Nordenfelt Case' (1994) 2 Trade Practices Law Journal 149
Neville R Norman, 'Progress Under Pressure: The Evolution of Antitrust Policy in Australia' (1994) 9 Review of Industrial Organization 527-545
Ross Patterson, 'Making Hilmer Clear: The Essential Facility Recommendation and the New Zealand Experience' (1994) 2 Trade Practices Law Journal 131
Warren Pengilley, 'Mis-use of market power: Present difficulties - Future problems' (1994) 2 TPLJ 27
David K Round, 'Twenty Years of Modern Antitrust in Australia: She'll Be Right, Mate' (1994) 9 Review of Industrial Organization 459-473
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
Nicholas Seddon, 'Holes in Hilmer! How the Trade Practices and Fair Trading Legislation Does Not Apply to Government PRocurement' (1994) 2 Trade Practices Law Journal 207
Rhonda L Smith, 'Merger Policy in Close-Up: QIW and Davids Holdings' (1994) The Australian Economic Review 101-107
Hank Spier, 'Section 155 of the Trade Practices Act 1974: Some Practical Issues - A Trade Practices Commission Perspective' (1994) 2 Trade Practices Law Journal 116
Ray Steinwell, 'Constitutional Validity of Divestiture Orders' (1994) 17(2) UNSWLJ 648 ➤
Philip Williams, 'The Exercise of Market Power: Its Treatment under the Australian and New Zealand Statutes' (1994) 9 Review of Industrial Organization 607
1993
Reports
Articles
Martin Algie, 'Does Australian law recognise "predatory pricing"?' (March 1993) Law Institute Journal 161
D Cormack, 'Are current statutory remedies for s 46 of the Trade Practices Act adequate?' (1993) 23 Qld Law Soc J 471
SG Corones, 'Analysing the effect of conduct on competition' (1993) 21 ABLR 371
SG Corones, 'The relative significance of market of market shares and barriers to entry as indicators of market power' (1993) 21 ABLR 373
V Nagarajan, 'The regulation of competition by Section 46 of the Trade Practices Act 1974' (1993) 1 CCLJ 127
1992
Books and book chapters
Corones (ed), Competition Policy in Telecommunications and Aviation (Federation Press, 1992)
Articles
M Williams, 'Section 46 of the Trade Practics Act 1974: Misuse of Market Power - A modern day catch 22?' (1992) 22 QldLSJ 377
Robertson Wright, 'Aspects of the Extraterritorial Application of Sections 50 and 50A of the Trade Practices Act' (April 1992) Australian Business Law Review 152
K Yeung, 'The court-room economist in Australian antitrust litigation: an underutilised resource?' (1992) 20 Australian Business Law Review 461
1991
Reports
Books and book chapters
Philip Clarke, Vertical Price Fixing, Federation Press (1991) ➤
Warren Pengilley, Local government and the Trade Practices Act: do some traditionally held views need re-evaluation? (Blackstone Press, 1991) (ISBN 1875114173)
Articles and notes
Warren Pengilley, 'Misuse of market power: Is the court competent to fix a supply price?' (1991) 1 Aust Corporate Lawyer 20
Warren Pengilley, 'Queensland Wire and its progeny decisions: How competent are the courts to determine supply prices and trading conditions?' (1991) 21 West Aust L Rev 225
Warren Pengilley, 'Recent examples of misuse of market power - Is this another extension of the reach of s 46 of the Trade Practices Act?' (1991) 1 Aust Corporate Lawyer 22
R Wright, 'Injunctive relief in cases of refusal to supply' (1991) 19 ABLR 65
1990
Guidelines
Trade Practices Commission, Guideline on Section 46 of the Trade Practices Act (February 1990)
Articles
PH Clarke, 'Misuse of market power and the Trade Practices Commission' (1990) 18 ABLR 355
V Nagarajan, 'The regulation of predatory pricing within the Trade Practices Act' (1990) Australian Business Law Review.
1989
Reports
Articles
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
Coad, WJ, "Authorisation" [1989] AUBusLawyer 6; (1989) 1(7) Australian Business Lawyer 25 ➤
Stephen R Corones, 'Identifying a Misuse of Market Power in Relation to s 46 of the Trade Practices Act' (1989) 17 ABLR 164
Stephen Lee, 'Queensland Wire Industries: A Breath of Fresh Air' (1989) 18 Federal Law Review 212 ➤
O'Dea, J, "Misuse of Market Power" [1989] AUBusLawyer 5; (1989) 1(7) Australian Business Lawyer 15 ➤
JG Starke, 'Reaction of the TPC in regard to Queensland Wire Industries v BHP' (1989) 63 ALJ 305
1986
Articles
Maureen Brunt, The use of economic evidence in antitrust litigation: Australia' (1986) 14 Australian Business Law Review 261
1985
Articles
RM Bannerman, 'Development of Trade Practices Law and Administration' (1985) 18(3) Australian Economic Review 83
1984
Articles
Warren Pengilley, Australian Merger Policy (Centre for Legal Information and Publications, 1984) (ISBN 0864266421)
1983
Articles
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
1981
Book
Warren Pengilley, Trade associations, fairness and competition (Monash Studies in Law, Law Book Co, 1981) (ISBN 0455200866)
Article
Pre-1980
1979
Articles
Geoffrey de Q Walker, '"Control or Dominate a Market": Developments in Australian Merger Law' (1979) 24 Antitrust Bulletin 371
1978
Books and book chapters
Donald and Heydon, Trade Practices Law (volumes 1 and 2), (LBC, 1978) ➤
1977
Articles
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
Reports
Books and book chapters
Articles and other research papers
Maureen Brunt, 'Legislation in Search of an Objective' in John Nieuwenhuysen (ed), Australian Trade Practices: Readings (2nd edn, 1976)
WMC Gummow, 'Abuse of Monopoly: Industrial Property and Trade Practices Control' (1976) 7 Sydney Law Review 339
JD Heydon, 'Restraint of Trade in the High Court' (1976) 50 Australian Law Journal 475
1975
Articles
JD Heydon, 'Recent Developments in Restraint of Trade' (1975) 21 McGill LJ 325 ➤
1974
Articles
Robert Baxt and Maureen Brunt, 'A Guide to the Trade Practices Act 1974' (1974) 7(4) Australian Economics Review 5
Donald W Hendon, 'Nobody Knows how Australian courts will interpret Trade Practices Act' (1974) 8(12) Marketing News
JP Nieuwenhuysen, 'The Trade Practices Bill 1973' (1974) 7(1) Australian Economic Review 39
1969
Articles
JP Nieuwenhuysen, 'The Trade Practices Act: Recent Developments and Some Proposals for Change' (1974) 2(4) Australian Economic Review 19
1967
Books and book chapters
Masterman and Solomon (assisted by Baxt), Australian Trade Practices Law (1967)
Walker, Australian Monopoly Law: Issues of Law, Fact and Policy (FW Cheshire, 1967)
1966
Books and book chapters
P H Lane, The Trade Practices Act: Its Constitutional Operation (Law Book Company, 1966)
1965
Articles
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
1962
Articles