Faculty of Business and Law

Legal Resources

Competition Law and Policy

General Resources

Subscription databases
Available for Deakin staff and students - includes: Australian Trade Practices Law Reporter (CCH) and Millers' Annotated Trade Practices Act (LawBook Co)

Australian Competition Law
Summary of law and cases as well as links to legislation, reports, publications and other sites

Research centres and organisations

Centre for Competition and Consumer Policy
Australian National University in partnership with the ACCC. Includes information about projects, events, publications and more. Focus on compliance, internationalisation and the public benefit test within Australian competition law.

Productivity Commission (Cth)
The Government's principal review and advisory body on microeconomic policy and regulation. Site includes publications, inquiries, research, library, media releases, career information, consultancies and tender information and contact details.

Federal Regulators/Enforcement

Australian Competition and Consumer Commission (ACCC)
This site contains information about the ACCC, current ACCC news, media releases, speeches and a number of on-line publications and on-line order forms for other ACCC publications. It has information on compliance programs, consumer protection, small business, airports, electricity, gas, telecommunications, mergers and internet scams. It also includes contact details and other useful links

National Competition Council Home Page
The NCC Home Page includes annual reports, a compendium of National Competition Policy agreements, legislative review, airports, gas, rail, shipping, water, Australian Union of Students, speeches, press releases, publications, newsletters, an assessment of states and territory progress in implementing the national competition policy as well as contact details

National Electricity Code Administrator
About NECA, NECA's networks, reliability panel, market surveillance and monitoring, dispute resolution, national electricity market, the Code, transmission and distribution pricing review, integrating the energy market and network services, what's new, links and more.

StateRegulators

ACT

ACT Independent Competition and Regulatory Commission

NSW

Independent Pricing and Regulatory Tribunal of NSW
Includes what's new (updates, timetables, hearings, submissions, media and vacancies), our role (what we do, legislation, information and consultation), information (reports and registers), regulation (electricity, gas, transport, access and water) and contact details.

NT

The Utilities Commission (Northern Territory)
Licensing information, access pricing section, contestable customers and discussion papers.

Qld

Queensland Competition Authority
About the QCA, contact information, reports and publications, links, news, rail, ports, electricity, gas, water, other industries, and more.

SA

Essential Services Commission (SA) (formerly the Office of the South Australian Independent Industry Regulator)
About the ESC, consultation centre, electricity industry, other industries, what's new and links.

Tas

Government Prices Oversight Commission (Tasmania)
Information about the GPOC, investigations, competition complaints, petrol price monitoring, legislation, annual reports, press releases and links.

Office of the Tasmanian Electricity Regulator
About the register, code submissions, reports, regulatory framework, licences, links, the Tasmanian electricity code, investigations, legislation and press releases.

Vic

Essential Services Commission, Victoria

WA

Economic Regulation Authority of Western Australia

Courts and Tribunals

Australian Competition Tribunal

Competition Policy: Reviews and Inquiries

Criminal Penalties for Cartels (Treasury - 2008)

Effectiveness of the Trade Practices Act in protecting small business (Senate - 2003-2004)

Dawson Review (2002-2003)

Review of the Trade Practices Act 2002 ('The Dawson Inquiry')
The Australian Trade Practices Act was recently reviewed by a Committee chaired by Sir Daryl Dawson AC KBE CB, former Justice of the High Court of Australia. This site contains information about the inquiry, public submissions (downloadable in PDF and RTF), information about committee membership and press releases.

Intellectual Property and Competition Review (IP and Competition Review Committee 2000)

Intellectual Property and Competition Review Report
Final Report and information about the review.

National Competition Policy

Socio-Economic Consequences of the National Competition Policy
Australian Senate Committee Documents available to download in PDF format from 1999

Research papers, reports, journals and articles

Journals

Subscription journals
Available for Deakin staff and students - includes: Antitrust Law Journal, Competition and Consumer Law Journal, Trade Practices Law Journal,

Articles

Brebner, 'Resale Price Maintenance' - The Need for Further Reform (2001) 9 Trade Practices Law Journal 18
Article by Julie Clarke (Brebner) in HTML or PDF format.

Brebner, 'The Relevance of Import Competition to Merger Assessment in Australia' (2002) 10(2) Competition and Consumer Law Journal 119
Article by Julie Clarke (Brebner), in HTML or PDF format.

Carmichael, 'Tip Top Result Goes Stale: ACCC v Australian Safeway Stores Pty Ltd (No 2)' (2002) 7 Deakin Law Review 387

Clarke - Criminal Penalties for Contraventions of Part IV of the Trade Practices Act (2005) 10 Deakin Law Review 141 (PDF)
Article by Julie Clarke on proposed criminal penalties for cartels.

Clarke and Bagaric - The Desirability of Criminal Penalties for Breaches of Part IV of the Trade Practices Act (2003) 31(3) Australian Business Law Review 192-209
Article by Julie Clarke and Mirko Bagaric in HTML or PDF format

Clough - The Law and Economics of Vertical Restraints in Australia
Article by Daniel Clough appearing in the Melbourne University Law Review (2001)

Marshall, 'The Relevance of a Legitimate Business Rationale under Section 46 of the Trade Practices Act' (2003) 8 Deakin Law Review 49

Round - Curbing Corporate Collusion in Australia: The Role of Section 45A of the Trade Practices Act
Article by David K Round, Leanne M Hanna [2005] MULR 7; 29 Melbourne University Law Review 270

Philip L Williams, 'Melway Publishing v Robert Hicks' (2001) 25 Melbourne University Law Review 831

Reports

Compliance with the Trade Practices Act
Australian Law Reform Committee Report. (ALRC 68) 1994

Guidelines

ACCC Merger Guidelines
June 1999

ACCC Merger Review Process Guidelines 2006

ACCC Formal Merger Review Process Guidelines 2007

ACCC Guidelines for Excluding Information from the Public Register 2007

ACCC - Media Mergers - 2006

Legislation

Trade Practices Act 1974 (consolidated)
This can be viewed on screen or downloaded from Austlii

Trade Practices Act 1974 (consolidated)
This can be viewed on screen or downloaded from ComLaw

Cases

Subscription cases
Available for Deakin staff and students - includes: Federal Court and Federal Law Reports

Anti-competitive agreements

ACCC v Australian Abalone Pty Ltd [2007] FCA 1834
Admitted price fixing and boycott conduct - discussion of agreed penalties and mention of propsed criminal penalties

Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLII

Australian Competition and Consumer Commission v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 (2 November 2007)
Cartel penalties

Seven Network Limited v News Limited [2007] FCA 1062 (27 July 2007) (The C7 case)

Boycotts/Exclusionary Provisions

Rural Press Limited v Australian Competition and Consumer Commission; Australian Comp [2003] HCA 75 (11 December 2003)

News Ltd v South Sydney District Rugby League Football Club Ltd [2003] HCA 45; 215 CLR 563 200 ALR 157; 77 ALJR 1515 (13 August 2003)

Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002] FCAFC 197
Full Court appeal - before Black CJ, Heerey and Tamberlin JJ - appeal dismissed.

News Ltd v Australian Rugby League Ltd (No 2) (1996) 64 FCR 410 (4 October 1996)

Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLII

Misuse of Market Power

NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90 (High Court)

Rural Press Limited v Australian Competition and Consumer Commission; Australian Comp [2003] HCA 75 (11 December 2003)

Boral Besser Masonry Limited (now Boral Masonry Ltd) v Australian Competition and Cons [2003] HCA 5 (7 February 2003)
High Court decision - appeal from full court finding that the appellants had engaged in predatory pricing in contravention of section 46 of the Trade Practices Act.

Melway Publishing Pty Ltd v Robert Hicks Pty Ltd [2001] HCA 13
High Court: 15 March 2001. From AustLII - also available in RTF format. Appeal Allowed - deals with Misuse of Market Power

Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002] FCAFC 197
Full Court appeal - before Black CJ, Heerey and Tamberlin JJ - appeal dismissed.

News Ltd v Australian Rugby League Ltd (No 2) (1996) 64 FCR 410 (4 October 1996)

NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90

Seven Network Limited v News Limited [2007] FCA 1062 (27 July 2007) (The C7 case)

Exclusive Dealing

Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002] FCAFC 197
Full Court appeal - before Black CJ, Heerey and Tamberlin JJ - appeal dismissed.

Resale Price Maintenance

Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From Findlaw - decided 28 June 2002 before Justice Goldberg. Deals with exclusionary provisions, anti-competitive agreements, price fixing, exclusive dealing, RPM

Access Regime

NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90

Telstra Corporation Ltd [2001] ACompT 4 (7 December 2001)
At AustLII - Access Dispute

Collective Bargaining Notifications

Nelson Enterprises Pty Ltd

Deakin University acknowledges the traditional land owners of present campus sites.

11th October 2013