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Current Issues in Competition Law: Vol II

Practice and Perspectives







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AUD $180.00 gst included

‘The 11 essays cover a large amount of ground, are works of scholarship, and repay careful reading. Mr Gvozdenovic and Mr Puttick are to be commended for conceiving of the need for this important work and for the assiduity with which it has been edited. Current Issues in Competition Law: Practice and Perspectives will make a welcome addition to any competition lawyer’s library.’

The Honourable Nye Perram
Justice of the Federal Court of Australia
June 2021

Over the past 30 years, the Australian statutory regime regulating competition and restrictive trade practices has been the subject of much significant reform. The evolution has been driven by the legislative, executive, and judicial branches of government. In this respect, debates – some familiar, others more novel – continue. These debates are occurring in the profession, the academy, and even in the media and the broader community. After all, the harms which Australian competition law seeks to prevent, and redress, have significant, direct impacts across society, from sophisticated multinationals to the everyday consumer. Meanwhile, the regulator in Australia, the Australian Competition and Consumer Commission, is notoriously active in promoting and enforcing (including testing the limits of) the prohibitions on restrictive trade practices.

Part IV of the statutory regime regulates inter alia cartel conduct, anti-competitive contracts and collusive conduct, misuse of market power, and mergers. This volume comprises essays that examine many of the key questions and debates in respect of each of the prohibitions. The focus is on the Australian statutory topography and the collection is avowedly concerned with debates and issues of contemporary importance. The chapters traverse a range of topics of significance today, and which are likely to continue to be of special relevance into the future. It includes perspectives from the judiciary, the regulator, the practising profession, and the academy, including a foreword by the Honourable Justice Nye Perram.

This volume, along with the companion volume, is essential reading for those called upon to determine competition matters, lawyers practising in competition and commercial law, and those teaching and researching the subject.

This collection was generously supported by the Ross Parsons Centre, The University of Sydney Law School.

Justice Nye Perram
Michael Gvozdenovic and Stephen Puttick

Part I Cartels, ‘Contracts, Arrangements and Understandings’, and Concerted Practices
Chapter 1. The Criminalisation of Corporate and Cartel Conduct
Justice Anthony Payne and Natasha Naidu
Chapter 2. Joint Venture Defence: The Cascade Decisions and Implications
Adrian Coorey
Chapter 3. Immunity Policies: Uncertainty, Irregularity, and Effectiveness
Deniz Kayis and Rob Nicholls
Chapter 4. Cartel Damages: Quantification, Uncertainties, and Future Approaches
Cento Veljanovski

Part II Misuse of Market Power
Chapter 5. Digital Platforms, Emerging Markets, and Section 46
Julie Clarke
Chapter 6. Fact-Value Complexes in the Old And New Versions of Section 46
Philip Williams AM
Chapter 7. An Alternative Heuristic Test For Misuse of Market Power
George Raitt

Part III Mergers and Acquisitions
Chapter 8. Section 50: Should The Burden of Proof Be Shifted?
Justice Michael O’Bryan
Chapter 9. A Mandatory and Suspensory Merger Notification System for Australia
Allan Fels AO, Annalisa Heger, and George Cunningham
Chapter 10. Undertakings: Constitutionality, Commerciality, and Other Considerations
Justin Gleeson SC And Christopher Tran
Chapter 11. Evaluating Evidence in Contested Merger Proceedings
Fiona Roughley

[T]his collection provides valuable insight and stimulation for the development of thinking in the field. Read full review…

Michael Hodge KC, BarNews, Summer 2022

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