Full Description
Marking the 50th anniversary of modern statutory competition law in Australia, this two-volume set brings together more than 40 leading experts to discuss the most important issues and developments arising under Australian competition law, economics, and policy.
This publication discusses current reforms and reviews the impact of competition law and consumer law in the Australian economy over the last 50 years, since the enactment of the Trade Practices Act 1974. Contributors examine the legacy of this landmark legislation, important precedents and cases that have shaped contemporary Australian competition law, as well as the substantive, procedural, and institutional features in need of revision. Volume I focuses on the history and context of Australian competition law, the courts and tribunal, and the competition system established by the Competition and Consumer Act. Volume II discusses key issues relating to consumer protection law, the digital economy, enforcement, remedies, and sanctions. It also considers the Australian competition regime from a comparative perspective.
This volume, alongside its companion, The Competition Law System: Context, Law and Economics, is an authoritative treatise that will interest the broader competition law and policy community around the world. Together, they provide essential insights for academics, researchers, practitioners, consumer associations, policymakers, and regulators.
Contents
Acknowledgements
Foreword
List of Contributors
List of Acronyms and Abbreviations
1 Competition and Consumer Law in Australia: Principles, Enforcement, and Comparative Perspectives
JULIE CLARKE, ALLAN FELS, BRENT FISSE, DEBORAH HEALEY, MEL MARQUIS, JOHN E. MIDDLETON, AND RHONDA L. SMITH
Part I
Protection of Consumers and Small Business under the Competition and Consumer Act
2 The Evolution of the Consumer Protection Provisions of the Trade Practices Act
PHILIP CLARKE
3 The 'High Public Policy' of Consumer Protection: The Influence of Purpose on the Interpretation of the Scope of the Australian Consumer Law
JEANNIE MARIE PATERSON
4 Codes of Conduct and Small Business
MICK KEOGH
Part II
The Digital Economy
5 Consumer and Data Protection in the Digital Economy
KAYLEEN MANWARING
6 Data, AI, and Competition
PETER G. LEONARD
Part III
Advocacy and Enforcement
7 The Vital Importance of Competition Advocacy
ROD SIMS
8 Criminal Sentences and Civil Penalties in Competition Cases: To Punish or Not to Punish, That is the Question
THE HON. MICHAEL WIGNEY
9 Sanctions Against Corporations and Individuals under Australian Competition and Consumer Legislation
BRENT FISSE
10 Uncompensated Victims of Cartel Conduct: A Substantial Failure in Competition Law?
THE HON. BERNARD MURPHY AND SARAH LOCKER
11 Remedies under the Competition and Consumer Act: Historical Development and Future Directions
MATTHEW LEES
12 ACCC Investigations
ELIZABETH AVERY, OWEN FISCHBEIN, AND FELICITY LEE
Part IV
Global and Comparative Perspectives
13 Australia's Role in a Multipolar Global Competition Policy Environment
WILLIAM E. KOVACIC
14 The 'Effects-Based' Approach in the Amended Section 46 in the Context of Comparative Monopolisation Provisions in the United States and the European Union
KATHRYN MCMAHON
15 Capacity Building and Competition Law Institutions in Pacific Island Countries
ANDREW F. SIMPSON
16 Inter-Agency and International Cooperation: A Key Ingredient to ACCC Success
RACHEL BURGESS, JULIE GLASGOW, AND MARCUS BEZZI
17 New Zealand Perspectives on Australian Competition Law
JOHN LAND
