Misuse of Market Power

Katharine Kemp is a Lecturer at the Faculty of Law, University of New South Wales, Sydney (UNSW). Her expertise is in the area of competition and consumer law, particularly comparative competition law and unilateral anticompetitive conduct. She has published in these areas for over a decade, including the loose-leaf, Competition Law of South Africa (2005-present) with P. J. Sutherland, and numerous peer-reviewed journal articles. For her research in this area, she has received the Gaire Blunt Scholarship awarded by the Competition and Consumer Committee of the Law Council of Australia; the Bruce Kercher Scholarship awarded by the Australia and New Zealand Legal History Society; and the UNSW Ph.D. Excellence Award for outstanding research for her thesis on the topic of misuse of market power law. Before joining the Faculty of Law at University of New South Wales, Sydney, Kemp practised as a solicitor at major Australian commercial law firms and then as a barrister specializing in commercial law and intellectual property law.

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.