Competition Law and Policy (MLL 409)
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)
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 submissions
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
National 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
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.
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)
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
Research papers
Leeming - The 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)
Speeches
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.
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 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.
Guidelines
ACCC Draft Merger Guidelines 2008
For comment - to replace 1999 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
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 penaltiesAustralian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLIIAustralian Competition and Consumer Commission v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 (2 November 2007)
Cartel penaltiesSeven Network Limited v News Limited [2007] FCA 1062 (27 July 2007) (The C7 case)
Boycotts/Exclusionary Provisions
- Rural Press Ltd v Australian Competition & Consumer Commission [2002] FCAFC 213 (16 July 2002) [Full Federal Court decision]
- ACCC v Rural Press Ltd (Includes Corrigendum dated 8 August 2001) [2001] FCA 1065 (7 August 2001) [Trial Judge - Federal Court]
- South Sydney District Rugby League Football Club Ltd v. News Ltd (2001) 111 FCR 456; [2001] FCA 862 (6 July 2001)
Full Federal Court Appeal - Deals with s 45's prohibition of exclusionary provisions in relation to South Sydney's exclusion from the national rugby competition .- South Sydney District Rugby League Football Club Ltd v. News Ltd [2000] FCA 1541 (3 November 2000)
Finn J: Deals with s 45's prohibition of exclusionary provisions in relation to South Sydney's exclusion from the national rugby competition in 2000. Overturned on appeal: South Sydney District Rugby League Football CLub Ltd v. News Ltd (2001) 111 FCR 456; [2001] FCA 862 (6 July 2001)- South Sydney District Rugby League Football CLub Ltd v. News Ltd [1999] FCA 1710 (9 December 1999)
Application for interlocutory injunction before Hely J in relation to South Sydney's exclusion from the national rugby competition in 2000.
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.
- Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056
First Instance: 6 August 2001 before Lindgren J. Deals with anti-competitive agreements, misuse of market power and exclusive dealing (also unconscionable conduct). Relates to provision of course materials as part of application fee to the Institute and the effect this had on other providers of support services. Decision affirmed on appeal (unanimous)
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 Ltd v Australian Competition & Consumer Commission [2002] FCAFC 213 (16 July 2002) [Full Federal Court decision]
- ACCC v Rural Press Ltd (Includes Corrigendum dated 8 August 2001) [2001] FCA 1065 (7 August 2001) [Trial Judge - Federal Court]
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.
- Australian Competition & Consumer Commission v Boral Ltd (Inculdes Corrigendum dated 29 March 2001) [2001] FCA 30 (27 February 2001)
Full Federal Court judgment- Australian Competition & Consumer Commission v Boral Ltd [1999] FCA 1318 (22 September 1999)
Trial judgment of Heerey JMelway 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
- Melway Publishing Pty Ltd v Robert Hicks Pty Ltd [1999] FCA 664
From AustLII - Full Court of the Federal Court: 25 May 1999. Before Justices Heerey, Sundberg and Finkelstein- Robert Hicks Pty Ltd (trading as Auto Fashions Australia) v Melway Publishing Pty Ltd [1998] 1379 FCA (30 October 1998)
From AustLII - first instance decision before Justice Merkel JMonroe 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.
- Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056
First Instance: 6 August 2001 before Lindgren J. Deals with anti-competitive agreements, misuse of market power and exclusive dealing (also unconscionable conduct). Relates to provision of course materials as part of application fee to the Institute and the effect this had on other providers of support services. Decision affirmed on appeal (unanimous)News Ltd v Australian Rugby League Ltd (No 2) (1996) 64 FCR 410 (4 October 1996)
The appeal from Burchett JNews Ltd v Australian Rugby League Ltd (1996) 58 FCR 447 (The Superleague Case)
Decision of Burchett J regarding creation of the Super League Rugby competition. Reversed on appeal.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
- Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLIIMonroe 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.
- Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056
First Instance: 6 August 2001 before Lindgren J. Deals with anti-competitive agreements, misuse of market power and exclusive dealing (also unconscionable conduct). Relates to provision of course materials as part of application fee to the Institute and the effect this had on other providers of support services. Decision affirmed on appeal (unanimous)
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
