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Competition Law in Australia, 5th Edition
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Competition Law in Australia, 5th Edition

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Overview
Published Feb 2010 (Thomson Reuters)
ISBN: 9780455227627.
Description

Competition Law in Australia, 5th Edition provides a comprehensive discussion of the issues pertaining to the regulation of competition in Australia. Covering two broad areas of the Trade Practices Act - the substantive prohibitions regulating anti-competitive conduct, and access to infrastructure services - this new edition is an essential reference for anyone studying or working in this area.

This edition takes account of three significant amending Acts:

  • The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) which took effect on 24 July 2009, brought about a fundamental change in the way that serious cartel conduct is regulated in Australia;
  • The Trade Practices Amendment Act 2008 (Cth) inserted s 46(6A) to clarify the meaning of the taking advantage element of s 46(1); and
  • The Trade Practices Amendment Act (No 1) 2007 (Cth) inserted s 46(1AA), which prohibits corporations with a substantial market share pricing below ‘relevant’ cost for a ‘sustained period’.

Four significant new High court decisions are Baxter Healthcare (derivative governmental immunity), East Australian Pipeline (gas pipeline access pricing), Telstra (telecommunications access regime), and BHP Billiton ( rail access).

Because of the significance of the criminalisation of cartel conduct, this edition also considers the civil and criminal penalties that can be imposed for contraventions of Pt IV Div 1 and other orders that the ACCC or CDPP may seek from a court in criminal proceedings, such as disqualification orders, non-punitive orders and other orders. It explains the ACCC’s Approach to Cartel Investigations (July 2009), the Memorandum of Understanding between CDPP and ACCC (July 2009), and the Prosecution Policy of the Commonwealth (November 2008). It also considers the ACCC’s Immunity Policy for Cartel Conduct (July 2009).

Table of contents
Part A - Preliminary Matters
Chapter 1: Competition Policy and Economic Theory
Chapter 2: Economic Concepts and Definitions
Chapter 3: Legal Background and Overview
Chapter 4: Field of Application of the Act
Part B - Anti-Competitive Conduct
Chapter 5: Cartel Offences and Civil Prohibitions
Chapter 6: Anti-Competitive Contracts, Arrangements and Understandings
Chapter 7: Mergers and Acquisitions
Chapter 8: Misuse of Market Power and Below Cost Pricing
Chapter 9: Exclusive Dealing
Chapter 10: Resale Price Maintenance
Chapter 11: Franchising
Chapter 12: Intellectual Property and Competition
Chapter 13: Anti-Competitive Conduct—Telecommunications
Part C - Regulating Access
Chapter 14: Access to Essential Services: Part IIIA
Chapter 15: Access to Telecommunications Services: Part XIC
Part D - Enforcement and Remedies
Chapter 16: Public Remedies
Chapter 17: ACCC Investigation: Practice and Procedure
Chapter 18: Private Remedies

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