Competition Law and Economics in Australia, Volume I

Julie Clarke is Associate Dean and Professor of Law at Melbourne Law School. Allan Fels AO is Professorial Fellow at the University of Melbourne and former Chair of the Australian Competition and Consumer Commission. Brent Fisse is Honorary Professor at the University of Sydney and Partner of Brent Fisse Lawyers, Sydney. Deborah Healey is Professor of Law at the University of New South Wales and Director of the Herbert Smith Freehills CIBEL Centre. Mel Marquis is Deputy Associate Dean at Monash Law School and Executive Board Member of CLARS. John E. Middleton AM KC is Senior Advisor of DLA Piper, former Justice of the Federal Court of Australia, and former President of the Australian Competition Tribunal. Rhonda L. Smith is Senior Lecturer, Economics Department, University of Melbourne and former Commissioner of the Australian Competition and Consumer Commission.

Acknowledgements
Foreword
FRÉDÉRIC JENNY
List of Contributors
List of Acronyms and Abbreviations
1 Competition Law and Economics in Australia: Introduction
JULIE CLARKE, ALLAN FELS, BRENT FISSE, DEBORAH HEALEY, MEL MARQUIS, JOHN E. MIDDLETON, AND RHONDA L. SMITH
Part I Context and History

2 Australian Competition Law: Legislative Context and Appraisal
ALLAN FELS AND BRENT FISSE

3 50 Years of the Australian Competition and Consumer Commission
ALLAN FELS AND LUKE WOODWARD

4 The Federal Courts and Evolution of Judicial Practice in Australian Competition Law
THE HON. ROBERT FRENCH AC

Part II Economic Issues

5 Competition and Competition Law
RHONDA L. SMITH

6 The Role of Economics and Economic Analysis in Australian Competition Law and Policy
GEORGE SIOLIS

Part III
Legal Issues

7 The ‘Substantial Lessening of Competition’ Test
ANDREW CHRISTOPHER

8 Anticompetitive Agreements Between Competitors and Cartel Enforcement
BRENT FISSE AND ROB NICHOLLS

9 Merger Control: An Evolutionary Tale
LUKE WOODWARD AND CAROLINE COOPS

10 Misuse of Market Power and the Interface Between Competition and IP Policies
RHONDA L. SMITH AND ARLEN DUKE

11 Presentation and Evaluation of Evidence in the Australian Competition Tribunal
THE HON. JOHN E. MIDDLETON AM KC AND OLIVER LLOYD

Part IV
Distinctive Features of Australia’s Competition Law

12 Australia’s Dual System of Administrative and Judicial Competition Law Adjudication
MICHAEL O’BRYAN

13 Authorisation and Notification
ANDREW MONOTTI

14 National Competition Policy: The Continuing Imperative
DEBORAH HEALEY

15 Evolution and Revolution in Infrastructure Access Regimes: Australia’s Sector-Specific Regulation and Challenges
GEOFF PETERSEN, MORELLE BULL, AND CATHERINE DERMODY

Part V
Reform of the Competition Law Provisions

16 Toward Merger Reform: An Economic Perspective
GRAEME WOODBRIDGE

17 Misuse of Market Power and Data Privacy Justifications
KATHARINE KEMP

18 Exclusive Dealing: Provisions in Need of Reconsideration?
SIMON SNOW

Index