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 Promoting Or Prohibiting Competition written by Maha Chaar and published by . This book was released on 2003 with total page 75 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 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 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: Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.
Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Taking Advantage of Substantial Market Power and Other Profit Focused Tests for Unilateral Anticompetitive Conduct written by Katharine Kemp and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015, the Australian Competition Policy Review Panel controversially recommended substantial changes to the prohibition against misuse of market power in s 46(1) of the Competition and Consumer Act 2010 (Cth). One critical change recommended by the Panel was that the long-standing requirement that a firm 'take advantage' of its substantial market power be removed from the provision, on the basis that it does not effectively fulfill its purpose of identifying unilateral anticompetitive conduct. In March 2016, the Prime Minister announced the government's intention to adopt this recommendation. This article examines the Australian 'take advantage' test in the context of the broader international debate over unilateral anticompetitive conduct rules, arguing that it can be viewed as a 'profit-focused' test, with important similarities to other profit-focused tests proposed by United States antitrust agencies and commentators, including the 'no economic sense' and 'profit sacrifice' tests. It makes a comparative analysis of these tests, and concludes that the 'take advantage' standard is less certain and less inclusive than its counterparts in this category.
Download or read book Australia Business written by James L. Nolan and published by World Trade Press. This book was released on 1996 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An enclyclopedic view of doing business with Australia. Contains the how-to, where-to and who-with information needed to operate internationally.
Download or read book Parliamentary Debates Hansard written by Australia. Parliament. Senate and published by . This book was released on 2007-09-10 with total page 1576 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 Antitrust in the Groceries Sector Liability Issues in Relation to Corporate Social Responsibility written by Pierre Kobel and published by Springer. This book was released on 2015-04-23 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analysis of the grocery retail market in a very large number of countries with an international report written by an economist. The second part of the book offers the analysis of liability issues in relation to non-compliance with CSRs with an international report by a British barrister. Both topics are very timely.
Download or read book Economic Essays on Australian and New Zealand Competition Law written by Maureen Brunt and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: intersecting patterns of law and economics that transcends all borders and attains a universal significance."--BOOK JACKET.
Download or read book Law of International Business in Australasia written by Robin Burnett and published by Federation Press. This book was released on 2009 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used;the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea;recent developments in the law relating to international sale of goods;the question of international arbitration and other means of dispute resolution; andthe strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.
Download or read book Competition Policy for Small Market Economies written by Michal S. GAL and published by Harvard University Press. This book was released on 2009-06-30 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michal Gal's thorough analysis shows the effects of market size on competition policy, ranging from rules of thumb to more general policy prescriptions, such as goals and remedial tools. Competition policy in small economies is becoming increasingly important, since the number of small jurisdictions adopting such policy is rapidly growing. Gal's focus extends beyond domestic competition policy to the evaluation of the current trend toward the worldwide harmonization of policies.
Download or read book The Interface Between Intellectual Property Rights and Competition Policy written by Steven D. Anderman and published by Cambridge University Press. This book was released on 2007-05-10 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.
