Misuse of Market Power: Rationale and Reform

ISBN-13: 9781316636138 / Angielski / Miękka / 2019 / 272 str.

Katharine Kemp

Opis

Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.

Recenzje

'Katharine's interventions in the debate leading up to the recent reforms to section 46 of Australia's Competition and Consumer Act were scholarly, insightful and influential. Her contributions also helped to moderate the tone of public commentary that occasionally became quite confused. In this book she has now brought her reasoned and careful approach to an excellent exposition of the issues in this most complex area of competition policy and law. Her fascinating description of the development of abuse of dominance and monopolization laws in England, Germany, Australia, Europe and the United States gives valuable historical context to her careful analysis of the arguments that have surrounded the framing and application of the laws that seek to keep the power of oligarchs and monopolists in check. Katharine's book will be a valuable resource for my ACCC colleagues, students, academics, legal practitioners, and I suspect, the Courts. It will be a key tool as we all seek to apply Australia's misuse of market power law in years to come. It is also an impressive addition to the international debate about the scope of laws and policies addressing anticompetitive action by dominant businesses.' Rod Sims, Chairman of the Australian Competition and Consumer Commission

Spis treści

1. Introduction; 2. Unilateral conduct laws: origins, objectives and theory; 3. The history and objectives of unilateral conduct legislation in Australia; 4. A comparative analysis of profit-focused tests for unilateral anticompetitive conduct; 5. A comparative analysis of effects-based tests for unilateral anticompetitive conduct; 6. The role of purpose in unilateral conduct standards.