Competition Policy Review
Media

(Harper Review 2014-2015)

See also media

Following effects test response

Released: 16 March 2016

 

Following government response

Released: 24 November 2015

 

Following final report

Released: 31 March 2015

 

Published articles and conference papers

Caron Beaton-Wells, 'The Harper Review: Qualified Hope for Australian Competition Law' (December 2015) 48(4) Australian Economic Review 417-427

Caron Beaton-Wells, 'Supermarket monsters can be agents of change' (The Conversation, 7 July 2015)

Fiona Crosbie, 'Harper review recommendations concerning the review by the Australian competition tribunal of declaration and access decisions' (2015) 23 Australian Journal of Competition and Consumer Law 187

Arlen Duke and Rhonda L Smith, 'The Harper Review Recommendations on Anticompetitive Agreements: Some Comments' (December 2015) 48 (4) Australian Economic Review 428

Brent Fisse, 'The Australian Competition Policy Review Final Report 2015: Sirens' Call or Lyre of Orpheus?' (NZ Competition Law & Policy Institute, 26th Annual Workshop, Auckland, 16 Oct 2015)

Nick Seddon, 'Government exemption from competition and consumer law: Has Harper patched the holes?' (2015) 23 Australian Journal of Competition and Consumer Law 181

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

Ian Stewart, 'Cartels, extraterritoriality, and the Harper Review – the search for a connecting factor' (2015) 43 ABLR 474

Other commentary

Caron Beaton-Wells, 'Harper Review: a mixed basket for Coles and Woolworths' (The Conversation, 2 April 2015)

Philip Clarke, 'The right prescription: pharmacy sector in dire need of reform' (The Conversation, 7 April 2015)

Jo Dimasi, Allan Fels, Bruce Baer Arnold, Graeme Samuel and Ian McAuley, 'Harper makes case for competition overhaul: experts react' (The Conversation, 1 April 2015)

Peter Harris, 'Reviving Harper' (address to the Australian Competition Policy Summit 2015, 22 September 2015)

Fred Hilmer, 'Partisan politics threatens to derail competition reform' (AFR, 1 April 2015)

Stephen King and Graeme Samuel, 'Competition law fix could seriously harm competition' (The Conversation, 5 May 2015)

Flavio Menezes, 'Why Labor should come to the party on the competition review' (The Conversation, 21 October 2015)

Alexandra Merrett, 'Explainer: what is the competition ‘effects test’?' (The Conversation, 1 April 2015)

Rohan Miller, 'Harper report does little for Australian consumers' (SMH, 1 April 2015)
(Senior Lecturer, University of Sydney Business School)

Russell Miller, 'Competition Debate must move beyond effects test battle' (The Conversation, 1 May 2015)

Russell Miller, 'The competition test attracts odd political bedfellows, but isn’t going away' (The Conversation, 18 September 2015)

Russell Miller, 'The Harper Review – let’s focus on what will make a real difference' (The Conversation, 2 April 2015)

Graeme Samuel and Stephen King, 'Let companies compete and consumers take the gains' (AFR, 7 April 2015)

Graeme Samuel and Stephen King, 'Competition Law: Effects test would have shackled competition' (AFR, 8 September 2015)

Martyn Taylor, 'Digital disruption, big data… now Harper?' (AFR, 2 April 2015)

Michael Terceiro, 'Mythbusting: Bridging the Great Section 46 Divide' (Competition and Consumer Protection Law Blog, 8 November 2015)

Following draft report

Released: 22 September 2014

 

Published articles (and similar)

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

Caron Beaton-Wells, 'The ACCC: Roots and Branches - Proposals to Enhance ACCC Effectiveness' (2014) 42(6) Australian Business Law Review 414-435

Caroline Coops, Discussion of the Root and Branch Review - Substantial Lessening of Competition Test (University of South Australia 12th Annual Competition and Consumer Law Workshop 2014, 10-11 October 2014, Crowne Plaza Adelaide)

Stephen Corones, 'Competitoin Policy Review: Draft recommendations on competition laws' (2014) 42(6) Australian Business Law Review 479

Allan Fels AO, Nick Taylor and Prudence Smith, 'Simplifying Australia's competition laws' (2014) 30(8&9) Competition and Consumer Law News 94

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

Sanil Khatri, 'The Harper Review's proposed effects test for misuse of market power' (2014) 30(8&9) Competition and Consumer Law News 120

Peter Sise, 'The Competition Policy Review releases its draft report' ' (2014) 30(8&9) Competition and Consumer Law News 110

Rachel Trindade, Rhonda L Smith, Alexandra Merrett, 'Building better mousetraps: Harper’s re-write of section 46' (October 2014) 20 The State of Competition

Philip L Williams, 'Notes on the proposed new s 46' (Discussion at Competition and Consumer Workshop, University of Adelaide, 11 October 2014)

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

I S Wylie, 'Roots, branches and other objects – one step beyond the Harper Review?' (2014) 42(6) Australian Business Law Review 436

Other commentary | Opinion pieces

Harper competition review seeks widespread change: experts react (The Conversation, 22 September 2014)
Various authors

Allan Asher, 'Why handing NBN oversight to a new regulator is a recipe for failure' (The Conversation, 8 October 2014)

Damian Cahill, 'Harper review would reduce us from citizens to mere consumers' (The Conversation, 8 October 2014)

Julie Clarke, 'Why it's time to scrap price signalling laws' (The Conversation, 23 September 2014)

Dan Hunter, 'Harper’s competition review is good news for Netflix consumers' (The Conversation, 26 September 2014)

Chris Jose and Patrick Gay, 'The competition shake-up that needs to deliver' (Business Spectator, 23 September 2014)

Stephen King, 'Helping the vulnerable: Harper to do a Hilmer on human services' (The Conversation, 27 October 2014)

Alexandra Merrett, 'Big business, market power and why we need more tst cases' (The Conversation, 23 September 2014)

Alexandra Merrett, 'Blow it up & start again: Harper on misuse of market power' (LinkedIN, 22 September 2014)

Alexandra Merrett, 'Getting Australia's house in order: Harper on competition governance & institutions' (LinkedIN, 6 October 2014)

Alexandra Merrett, 'Harper's booster shot for competition' (Business Spectator, 23 September 2014)

Alexandra Merrett, 'Hits & misses: Harper's business agenda' (LinkedIN, 24 September 2014)

Martyn Taylor, 'Harper review a chance for economic leadership' (AFR, 3 October 2014) (alternate source: Norton Rose Fulbright website)

Before draft report

 

Published articles (and similar)

Robert Baxt AO, 'What can we expect from the Root and Branch Review of Competition Law and Policy?' (2014) 88 Australian Law Journal 100

Robert Baxt AO, 'The Root and Branch Review of Competition Law and Policy' (2014) 42 ABLR 46

Alexandra Merrett, Rachel Trindade and Rhonda Smith, 'The Harper Review: what they are talking about and how to join in' (The State of Competition, Issue 17, 15 May 2014).

Other academic commentary

Martyn Taylor, 'Australia: the country may lead the world on competition reform - in Australia, a comprehensive reform of competition policy is taking place' (Lexology, 11 August 2014)