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 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 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 In Defense of Monopoly written by Richard B. McKenzie and published by University of Michigan Press. This book was released on 2019-02-28 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time. Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs. An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that economists use to develop their monopoly models. As McKenzie and Lee demonstrate, the creation of goods and services in the real world requires not only competition but the prospect of gains beyond a normal competitive rate of return.
Download or read book Competition Law written by John Charles Duns and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
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 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 The Ongoing Australian Struggle with Misuse of Market Power written by Russell Miller AM and published by . This book was released on 2016 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law has always struggled with unilateral conduct -- whether called monopolization, abuse of dominance or misuse of market power -- because there is no bright line distinction between pro-competitive conduct and exclusionary conduct that harms the competitive process. Australia is no exception. As Australian lawmakers move to a new policy approach for assessing misuse of market power, this article traces its history, compares the Australian approach with that of other countries and concludes that, although not perfect, the new approach represents good public policy.
Download or read book Misuse of Market Power written by Christopher C. Hodgekiss and published by . This book was released on 1989 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Abuse of Market Power written by and published by . This book was released on 1999 with total page 1 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 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 in Australia and Abuse of Dominance in Canada written by Katharine Kemp and published by . This book was released on 2018 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Australian law against misuse of market power (as amended in 2017) shares a number of similarities with the Canadian law against abuse of dominance. This article makes a comparative analysis of these laws against unilateral anti-competitive conduct, highlighting their similarities, including their focus on whether the impugned conduct has the effect or likely effect of substantially lessening competition. It also identifies important differences, including the Australian requirement to prove “purpose or effect” in contrast to the Canadian requirement to prove “purpose and effect” and the respective methods of addressing “legitimate business purpose” claims. It illustrates some of these differences with reference to a recent digital economy case in which the Canadian Commissioner of Competition succeeded in proving that a firm abused its dominance by imposing restrictions on access to data it controlled, notwithstanding the firm's attempted justifications on privacy grounds.
Download or read book Misuse of Market Power written by Robert James Leach Humphris and published by . This book was released on 1991 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misuse of Market Power written by Michael James Webb and published by . This book was released on 2002 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
