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 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 Under the Trade Practices Act written by Martin I. Algie and published by . This book was released on 2003 with total page 28 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 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 Dealing with Dominance written by Nauta Dutilh (Firm) and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect competition where it is potentially weakened by the presence of dominant market players. If applied immoderately, however, this prohibition is liable to seriously harm competition rather than protect it. In this useful compilation, local practitioners and academics in twelve countries provide a detailed summary and analysis of the application of their countries' law in this area, drawing on the experience of national competition authorities in dealing with market dominance as well as a wide range of legislation, administrative regulations, and case law. Nine EU member states are covered, as are Australia, New Zealand, and the United States. Although contributors were specifically asked not to compare their national provisions with Article 82 EC, the book nevertheless provides useful insight on that article, as well. National "borderline cases", of the kind described here, help to clarify the application of Article 82 EC, especially considering that the case law on this provision is often controversial. Dealing with Dominance is a useful reference tool for the application of the national counterparts to Article 82 EC in Europe and beyond and answers a basic practical need of both national and international competition law practitioners. This book can also be seen as an especially important contribution to the comparative analysis of an increasingly crucial area of economic law.

Download or read book Buying Power written by Organisation for Economic Co-operation and Development. Committee of Experts on Restrictive Business Practices and published by Organisation for Economic Co-operation and Development ; [Washington, D.C. : available from OECD Publications and Information Center]. This book was released on 1981 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Market Power and the Law written by Organisation for Economic Co-operation and Development. Committee of Experts on Restrictive Business Practices and published by . This book was released on 1970 with total page 220 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 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 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 The Metaphysics of Market Power written by George Raitt and published by . This book was released on 2019 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australian competition law has just emerged from a significant period of reform which has seen controversial changes to the legal test to distinguish between normal competitive conduct and conduct that should be condemned. The controversy continues, arguably because the traditional legal conception of market power does not provide a useful standard in real world markets. This important new book offers a radical interpretation of market power, based on the power to manipulate. Seeing it in this way allows for positive and normative standards within which to frame a legal theory of liability for misuse of that power. The book provides suggestions to improve the forensic assessment of conduct that should be condemned as misuse of market power"--Bloomsbury Publishing.

Download or read book Identifying Exclusionary Abuses by Dominant Undertakings under EU Competition Law written by Eirik Østerud and published by Kluwer Law International B.V.. This book was released on 2010-11-15 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under Article 102 TFEU, dominant firms are allowed to compete, but only to the extent their market behaviour does not constitute an abuse. Needless to say, the wording of the article neither explains what an abusive restriction of competition is nor how such a practice can be identified. Rather than developing a one-size-fits-all test applicable to all forms of market behaviour by dominant firms, the European Court of Justice (ECJ) and the General Court (ex; Court of First Instance) have set out a system of tests for separate categories of conduct. Drawing on the full range of the EU Courts’ relevant case law, this very useful book analyses the conditions that must be fulfilled for a broad range of business practices to be deemed abusive within the meaning of Article 102 TFEU, and also identifies the criteria that must be fulfilled for a practice to be ‘objectively justified’. The potentially abusive practices studied here (as defined in the relevant case law) include the following: predatory pricing; margin squeezing; exclusivity agreements; loyalty rebates; refusals to supply to induce exclusivity; secondary line price discrimination; vexatious litigation; acquisitions of intellectual property rights (IPRs); refusals to supply necessary inputs; provision of storage equipment on the condition of exclusive use; selective above-cost price cuts; tying; technological integration; and refusal to license IPRs. The author also contrasts the Commission’s decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. This study greatly enhances our understanding of the distinction between abusive conduct and lawful competition. In the course of its clarification of the EU Courts’ responses to individual forms of market behaviour, an overall approach to the identification of exclusionary abuses under Article 102 TFEU begins to come into view. Apart from the important new synthesis the work offers legal scholars, there can be little doubt this book will prove a valuable asset and even an inspiration to competition lawyers.