Download or read book A Comparative Examination of the Misuse of Market Power Provision of the Trade Practices Act 1974 Cth written by Julian Dayman and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Misuse of Market Power and the Role of the purpose Test in Section 46 of the Trade Practices Act written by Shirley Sou Li Quo and published by . This book was released on 2010 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 46 of the Trade Practices Act 1974 (Cth) ('TPA') prohibits corporations with a substantial degree of market power from taking advantage of that power for the purpose of eliminating or substantially damaging a competitor, preventing the entry of a competitor into the market or deterring or preventing a competitor from engaging in competitive conduct. This thesis examines the role and efficacy of the 'purpose test' in s 46 of the TPA. Section 46 plays a unique and important part in competition law in Australia because it is the only provision that focuses on single-firm or unilateral anticompetitive conduct. The distinction between unilateral and concerted action has been recognised by the United States ('US') Supreme Court in antitrust jurisprudence. As will be demonstrated, this distinction between unilateral and concerted behaviour helps to explain the role of the 'purpose test' in s 46 and how it assists in identifying anticompetitive single-firm conduct. The 'purpose test' ensures that liability under s 46 will only attach to intentional conduct not inadvertent conduct. Judging unilateral behaviour in this manner reduces the risk that s 46 will deter pro-competitive conduct and harm competition. The High Court of Australia has given the 'purpose test' a multifaceted role in helping to distinguish between anticompetitive and pro-competitive behaviour. This is illustrated in the inter-relationship between purpose and the other core elements of s 46. The 'purpose test' has also been used as a forensic tool to aid in characterisation of the relevant conduct. The link between the 'purpose test' and legitimate business reasons for the impugned conduct is another way in which purpose helps to infer or refute liability under s 46. A legal comparison of the role of purpose in US monopolisation cases provides further validation of the fundamental role and efficacy of the 'purpose test' in identifying or distinguishing between illegitimate (anticompetitive) and legitimate (pro-competitive) conduct.
Download or read book Misuse of Market Power written by and published by . This book was released on 1990 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misuse of Market Power written by Katharine Kemp and published by Cambridge University Press. This book was released on 2018-06-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.
Download or read book Section 46 of the Trade Practices Act 1974 Cth written by Kim Anne O'Connell and published by . This book was released on 1989 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Australian Trade Practices Act 1974 written by D.K. Round and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a collection of papers which evaluate the achievements of the Australian Trade Practices Act 1974 in making Australian markets more competitive. The contributors have all played major roles in Australian and New Zealand antitrust actions, either as expert economic witnesses, as antitrust enforcers, as judges or as quasi-judicial administrators. No other publication presents such in-depth economic analysis of the Act and the cases decided under it in its first two decades of its operation. As well as an introductory paper, this collection includes a foreword by the Hon. George Gear, Assistant Treasurer of the Australian Government and Minister responsible for the administration of the Act, plus two broad analytical overviews of the last two decades of Australian antitrust actions by two economists who have continually been at the heart of antitrust proceedings. In addition, papers are provided which give a judicial view of the Act and economic analysis, which compare the Act with its New Zealand counterpart. Other contributions look in detail at those sections of the Act which cover mergers, misuse of market power, price-fixing and vertical practices. The book shows that the Act has had a major impact on Australian market behavior. Judges, lawyers and economists between them have produced a truly Australian approach to antitrust, which has reflected overseas trends in both law and economics, as well as developed a unique Australian flavor. The book will be of interest to academic and practicing lawyers and economists, judges and corporate executives. It will be essential reading for Australian students in undergraduate courses in antitrust law, business regulation, antitrust economics and industrial organization. It provides by far the most comprehensive economic evaluation of Australian antitrust yet published and so will be the definitive source of information on this topic for non-Australians interested in comparative antitrust legislation and enforcement issues.
Download or read book Misuse of Market Power written by and published by . This book was released on 1990 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misuse of Market Power written by Australia. Trade Practices Commission and published by . This book was released on 1990 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
Download or read book Federal Legislation Annotations written by and published by . This book was released on 2004 with total page 1668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canberra law review written by and published by . This book was released on 1994 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Trade and Business Law Annual written by and published by . This book was released on 1996 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Evolution of Competition Law in New Zealand written by Rex Ahdar and published by Oxford University Press. This book was released on 2020-08-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern era of competition law in New Zealand began with the Commerce Act 1986. Since then, a steady and impressive corpus of case law had traversed all the usual major areas of antitrust law: cartels, resale price maintenance, exclusive dealing, tying, group boycotts, monopolization, mergers and acquisitions, exempted sectors, and the role of economic evidence. This volume explains the rationale for the various major reforms, the ongoing contestation between the Harvard and Chicago Schools of antitrust, and traces the developments of key concepts over the last 34 years. This title also explores systemic issues such as how well has New Zealand moulded its own competition law whilst nonetheless selectively drawing upon the policies, case law, and wisdom of foreign jurisdictions; how effectively has it faced the challenge of adapting its fledgling competition law to the reality of being a small, deregulated, open, and distant economy; and how successful was the application of competition law to utilities in the experimental era of 'light handed regulation'. Written by a New Zealand competition expert, this detailed, original, and comprehensive chronicle of New Zealand's competition law and policy draws together the common threads that mark the modern era and offers some predictions about how the next decades of New Zealand competition law might unfold.
Download or read book The Australian Digest written by and published by . This book was released on 1999 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Download or read book Law of International Business Transactions written by Robin Burnett and published by . This book was released on 1999 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition provides an up to date description and analysis of the relevant international treaties, legislation, administrative practices and rulings by international and domestic courts and tribunals. This text is essential for any student or practitioner dealing with international business transactions.
