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Competition Law and Economics in Australia, Volume II: Competition and Consumer Law - Principles, Enforcement, and Comparative Perspectives

Competition Law and Economics in Australia, Volume II: Competition and Consumer Law - Principles, Enforcement, and Comparative Perspectives

Author: Julie Clarke et al.
Publisher: Routledge
ISBN: 9781032833736

Published In: August 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,860.00

HKD 2,774.20 Save HKD 85.80 (3%)

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Description
Contents

Details

Marking the 50-year 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.

Acknowledgements

Foreword

PATRICK KEANE AC KC

List of Contributors

List of Acronyms and Abbreviations

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

Consumer Law: Evolution and Assessment

PHILIP CLARKE

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

Codes of Conduct and Small Business

MICK KEOGH AO

Part II: The Digital Economy

Consumer and Data Protection in the Digital Economy

KAYLEEN MANWARING

Data, AI and Competition

PETER LEONARD

Part III: Advocacy and Enforcement

The Vital Importance of Competition Advocacy

ROD SIMS AO

Criminal Sentences and Civil Penalties in Competition Cases: To Punish or Not to Punish, That is the Question

THE HON. MICHAEL WIGNEY

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