Competition Law and Economics in Australia, Volume II

Volume I focuses on the history and context of Australian competition law, the Courts and Tribunal, and the competition system established by the Competition and Consumer Act. Volume II discusses key issues relating to consumer protection law, the digital economy, enforcement, remedies and sanctions.

Marking the 50th anniversary of modern statutory competition law in Australia, this two-volume set brings together more than 40 leading experts to discuss the most important issues and developments arising under Australian competition law, economics, and policy.

This publication discusses current reforms and reviews the impact of competition law and consumer law in the Australian economy over the last 50 years, since the enactment of the Trade Practices Act 1974. Contributors examine the legacy of this landmark legislation, important precedents and cases that have shaped contemporary Australian competition law, as well as the substantive, procedural, and institutional features in need of revision. Volume I focuses on the history and context of Australian competition law, the courts and tribunal, and the competition system established by the Competition and Consumer Act. Volume II discusses key issues relating to consumer protection law, the digital economy, enforcement, remedies, and sanctions. It also considers the Australian competition regime from a comparative perspective.

This volume, alongside its companion, The Competition Law System: Context, Law and Economics, is an authoritative treatise that will interest the broader competition law and policy community around the world. Together, they provide essential insights for academics, researchers, practitioners, consumer associations, policymakers, and regulators.

Autorentext

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 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.

Inhalt

Acknowledgements
Foreword
PATRICK KEANE AC KC

List of Contributors
List of Acronyms and Abbreviations

1 Competition and Consumer Law in Australia: Principles, Enforcement, and Comparative Perspectives
JULIE CLARKE, ALLAN FELS, BRENT FISSE, DEBORAH HEALEY, MEL MARQUIS, JOHN E. MIDDLETON AND RHONDA L. SMITH

Part I
Protection of Consumers and Small Business under the Competition and Consumer Act

2 Consumer Law: Evolution and Assessment
PHILIP CLARKE

3 The 'High Public Policy' of Consumer Protection: The Influence of Purpose on the Interpretation of the Scope of the Australian Consumer Law
JEANNIE MARIE PATERSON

4 Codes of Conduct and Small Business
MICK KEOGH AO
Part II
The Digital Economy

5 Consumer and Data Protection in the Digital Economy
KAYLEEN MANWARING

6 Data, AI and Competition
PETER LEONARD

Part III
Advocacy and Enforcement

7 The Vital Importance of Competition Advocacy
ROD SIMS AO

8 Criminal Sentences and Civil Penalties in Competition Cases: To Punish or Not to Punish, That is the Question
THE HON. MICHAEL WIGNEY

9 Sanctions against Corporations and Individuals under Australian Competition and Consumer Legislation
BRENT FISSE

10 Uncompensated Victims of Cartel Conduct: A Substantial Failure in Competition Law?
THE HON. BERNARD MURPHY AND SARAH LOCKER

11 Remedies under the Competition and Consumer Act: Historical Development and Future Directions
MATTHEW LEES

12 ACCC Investigations
ELIZABETH AVERY, OWEN FISCHBEIN AND FELICITY LEE

Part IV
Global and Comparative Perspectives

13 Australia's Role in a Multipolar Global Competition Policy Environment
WILLIAM E. KOVACIC

14 The Effects-Based Approach in the Amended Section 46 in the Context of Comparative Monopolisation Provisions in the United States and the European Union
KATHRYN MCMAHON

15 Capacity Building and Competition Law Institutions in Pacific Island Countries
ANDREW SIMPSON

16 Inter-Agency and International Cooperation: A Key Ingredient to ACCC Success
RACHEL BURGESS, JULIE GLASGOW AND MARCUS BEZZI

17 New Zealand Perspectives on Australian Competition Law
JOHN LAND