Misuse of Market Power
Rationale and Reform
$88.00 ( ) USD
- Author: Katharine Kemp, University of New South Wales, Sydney
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Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.Read more
- The first monograph explaining Australia's new misuse of market power law
- Aids antitrust policymakers and scholars considering different options for single-firm conduct laws, as well as lawyers advising clients on differences in the Australian law
- Helps Australian lawyers explain the new law to clients, international lawyers advising clients with operations in Australia, and students studying competition law
Reviews & endorsements
Advance praise: ‘Katharine Kemp's Misuse of Market Power is a powerful description and analysis of tests to identify unilateral conduct that harms the market and should be proscribed. Coming on the heels of Australia's ‘effects' amendment to its unilateral conduct law, Kemp's book promises to be an important tool in interpreting the new law wisely and pragmatically. Her thoughtful synthesis of how to minimize error costs and provide certainty, administrability and legitimacy may be a beacon for interpreting dominance and monopoly laws around the world.' Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of LawSee more reviews
Advance praise: ‘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
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- Date Published: May 2018
- format: Adobe eBook Reader
- isbn: 9781316886946
- contains: 1 table
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
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.
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