School of Law - Research
Faculty of Business and Law
Federal Regulators/Enforcement | Policy: Reviews and Inquiries | Types of Anti-competitieve conduct and Remedies | International Agreements | State Regulators | Useful Links including key speeches and articles
See also separate pages for: Aust Cases - Aust Legislation - United States - Other Countries - Multijurisdictional - International - Cases - Legislation
Australian Competition Law
Summary of law and cases as well as links to legislation, reports, publications and other sites
The Competition Law Project Australia
Some free and some subscription resources and links available here
ACCC
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 linksACCC speeches
By year or speaker - searchable and downloadable in PDF format
ACT
NCC
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
Other
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.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.
Criminal Penalties for Cartels (Treasury - 2008)
Draft Legislation and Discussion Paper for comment and review
Effectiveness of the Trade Practices Act in protecting small business (Senate - 2003-2004)
Senate Inquiry into the Effectiveness of the Trade Practices Act in protecting small business
Includes information about the review, how to make submissions and public submissionsGovernment Response to Senate Economic Committee Report [PDF]
Released 24 June 2004Senate Inquiry into the provisions of the Trade Practices Legislation Amendment Bill (No. 1) 2005
March 2005
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.Report of the Review of the Trade Practices Act 2002 ("The Dawson Report")
Full report - completed January 2003 and released 16 April 2003. View online or download in PDF or RTF formatsCommonwealth Government Response to the Review of the Competition Provisions of the TPA
Released 16 April 2003 - PDF for RTF formatPreliminary response by the ACCC
Released 16 April 20032002 Trade Practices Act Review - Bigger than Hilmer
By Rob Shilkin and Kirstie Howard in the March 2002 edition of 'Competition Law Issues' published by Clayton Utz.
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
Compendium of National Competition Policy Agreements
At the NCC home pageConsidering the Public Interest under the National Competition Policy
Publication at the NCC siteNational Competition Policy Review of Pharmacy Legislation
Publically released 18 February 2000.Socio-Economic Consequences of the National Competition Policy
Australian Senate Committee Documents available to download in PDF format from 1999
Restraint of Trade | Market Analysis | Anti-Competitive Agreements | Price Fixing | Misuse of Market Power | Exclusive Dealing (Forcing) | Resale Price Maintenance | Mergers | Access | Telecommunications | Authorisation and Notification | Remedies | Compliance | International Issues
Restraint of tradeMarket AnalysisRestraints of Trade - The IceCream Case
Mallesons - analsyis of Peters (W.A.) Ltd v Petersville Ltd and Peters Foods Australia Pty Ltd [1999] FCA 1245
Anti-competitive Agreements (including boycotts/exclusionary provisions)Universal/Warner: 15% of the market = substantial market power
Article by Rob Shilkin in the March 2002 edition of 'Competition Law Issues' published by Clayton Utz
Price fixingThe Super League Case
Research Paper (No 23, 1995-1996), by Mark Leeming, Consultant to the Law and Public Administration Group (Department of the Parliamentary Library)Section 45D of the Trade Practices Act and Primary Boycotts: A Case Study in the Meat Industry
By Richard Tracey (dated 1992)
Misuse of market powerCurbing 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
Senate Inquiry into the Effectiveness of the Trade Practices Act in protecting small business
Includes information about the review, how to make submissions and public submissionsMisuse Of Market Power: Federal Court Increases The Risks For Businesses
Article by Paul Martin of Corrs Chambers Westgarth - posted at Findlaw, June 2002. Discusses ACCC v Universal Music Australia Pty Ltd and OrsPhilip L Williams, 'Melway Publishing v Robert Hicks' (2001) 25 Melbourne University Law Review 831
2001: The Year of section 46
Brief note in the March 2002 edition of 'Competition Law Issues' published by Clayton Utz
Forthcoming
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.
Guidelines
ACCC Draft Merger Guidelines 2008
For comment - to replace 1999 GuidelinesACCC Merger Guidelines
June 1999ACCC Merger Review Process Guidelines 2006
ACCC Formal Merger Review Process Guidelines 2007
ACCC Guidelines for Excluding Information from the Public Register 2007
Dawson Committee Report - Mergers
Chapter 2 of the Report, released April 2003, dealing with mergersBrebner, Submission to Trade Practices Act Review (Dawson Inquiry) on Australian Merger Law
(PDF format)The Relevance of Import Competition to Merger Assessment in Australia (2002) 10(2) Competition and Consumer Law Journal 119
Article by Julie Brebner, in HTML or PDF format.Competition Law and Pre-Merger information exchange
Article dated 8 June 2001 at Freehillls web site by Donna Bowman
Authorisation and Notification
Access RegimeACCC: Authorisation and Notification Register
Index of authorisations and notifications lodged from 1995-2000
TelecommunicationForthcoming
Compliance programsTelecommunications Links
From the ACCC
Remedies (including criminal penalties)Compliance with the Trade Practices Act
Australian Law Reform Committee Report. (ALRC 68) 1994
International issuesCriminal Penalties for Serious Cartel Conduct - Draft Legislation
Draft legislation and discussion paper (Jan 2008)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.The Trade Practices Act and the World's Best Practice: Proposals for Criminal Penalties for Hard Core Collusion
Speech by Chair of the ACCC, Prof Allan Fels at the Australian Institute of Criminology, 2 September 2002.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 formatMajority of Australians Agree Executives Should be Jailed for Collusion
Roy Morgan Poll results: ng No. 3555 - September 19, 2002
Section 5 TPA - Extended application of TPA
Section 6 TPA - Extended application of TPA
Extraterritorial issues in claims for relief under the Trade Practices Act
Brief article at Findlaw by Henry Davis York published June 2002International Dimensions to Competition Policy
Speech by Chairman of the ACCC, Prof Alan Fels - delivered 15-16 November 1999.
Australian Trade Practices Law Reporter (CCH Subscription Service)
'Covers important cases, Australian Competition Tribunal and Commission decisions and legislative changes, changes to the national competition regime, markets, competition, market-power, anticompetitive agreements, misuse of market power, secondary boycotts, exclusinve dealing, price surveillance, pricing declarations, notifications and GST price exploitation, mergers and acqusitions, resale price maintenance, authorisations, notifications, review, exceptions, procedure, evidence, excemptions, extraterritoriality, enforcement, remedies, defences, unfair conduct, misrepresentation, implied terms, manufacturers' liability, product liability, telecommunications, international liner cargo shipping.'
Competition and Consumer Law Journal (Content)
Link is to LexisNexis which has content from September 1993. Subscribers only (includes Deakin law staff and students)
Compliance with the Trade Practices Act 1994
Australian Law Reform Commission Report 68, 1994 (substantially out of date now; use only for historical purposes)
Restrictive Practices
Report 31 (1982) - First Report on the Legal Profession: General Regulation and Structure. By the NSW Law Reform Commission
Section 45D of the Trade Practices Act and Primary Boycotts: A Case Study in the Meat Industry
By Richard Tracey (dated 1992)
The Law and Economics of Vertical Restraints in Australia
Article by Daniel Clough appearing in the Melbourne University Law Review (2001)
The TPA - The Past, The Present and the Future
Speech by Prof Allan Fels, Chariman ACCC at the Trade Practices and Consumer Law Conference, 27 May 2000, Sydney.
New Developments in Australian Competition Policy
Speech by Allan Asher, Deputy Chairperson of the ACCC, at the Joint Conference of the Australian and New Zealand Society of International Law and the American Society of International Law - International Legal Challenges for the Twenty-First Century. 26 June 2000, Sydney.
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.
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
