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 Essential Pillar written by Beth Susan Nosworthy and published by . This book was released on 2003 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether section 46 of the Trade Practices Act 1974, concerning the use of market power, needs amendment, in the light of submissions to the Senate Economic Reference Committee Inquiry into the effectiveness of the act in protecting small business.

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 Small Business Success on Section 46 of the Trade Practices Act 1974 written by Brendan Bailey and published by . This book was released on 2004 with total page 2 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 Refusals to deal and Section 46 of the Trade Practices Act written by Greg Nairn and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trade Practices Act 1974 written by Australia and published by . This book was released on 1994 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Section 46 of the Trade Practices Act and the Essential Facility Doctrine written by Dave Poddar and published by . This book was released on 1989 with total page 238 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 Section 46 of the Trade Practices Act written by Lyn Nicholson and published by . This book was released on 1989 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trade Practices Act 1974 written by Australia and published by Butterworth-Heinemann. This book was released on 2008-01-01 with total page 1526 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Monopolization Law in Australia written by Christopher John Carr and published by . This book was released on 1985 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The effectiveness of s46 of the Trade Practices Act 1974 in protecting small business written by Helen Beech and published by . This book was released on 2005 with total page 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 Trade Practices Act 1974 written by Australia and published by . This book was released on 1995 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1995 edition of a guide to trade practices legislation for practitioners and students. Provides a full reproduction of all sections of the Trade Practices Act 1994, annotated and explained in a detailed commentary. Reproductions of all Regulations and Forms are also reproduced, along with overviews, analysis of all critical factors, case law determinations and references to equivalent state legislation. Includes a comprehensive index and table of cases.

Download or read book Inquiry Into S 46 and S 50 of the Trade Practices Act 1974 written by Australia. Parliament. Senate. Legal and Constitutional References Committee and published by . This book was released on 2002 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Inquiry follows directly from the findings of the Joint Select Committee on the Retailing Sector which, in 1999, inquired into the growth of large supermarket chains and their impact on small and independent retailers. The Committee presented its findings in August 1999.

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.