Misuse Of Market Power
Rationale And Reform
Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.
|Titel:||Misuse Of Market Power|
|auteur:||Kemp, Katharine (university Of New South Wales, Sydney)|
|Uitgever:||Cambridge University Press|
|Plaats van publicatie:||03|
|Afmetingen:||235 x 156 x 16|
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, Katharine practised as a solicitor at major Australian commercial law firms and then as a barrister specializing in commercial law and intellectual property law.
'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
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.
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