By Mel Marquis & Rhonda Smith1   I. Introduction In the nearly 50-year saga of modern Australian competition law, the section relating to the misuse of market power has recently been substantially revised. The revisions include removal of the requirement to establish a nexus between substantial market power and the alleged anti-competitive conduct and the […]

By Dr Mark Berry1   I. Introduction Cartel cases under Part 2 of the Commerce Act 1986 (NZ) (“the Act”)2 have, not surprisingly, dominated the restrictive trade practices enforcement landscape in New Zealand.  However, notwithstanding some 35 years of jurisprudence, uncertainty has continued to surround some of the key analytical concepts applying to cartels. Recently […]

By Jacqueline Downes, Melissa Camp and Bella Cameron1   I. Introduction This piece builds on our previous articles2 covering the Australian Competition and Consumer Commission’s (ACCC) examination of developments in digital platforms through its ongoing Digital Platforms Services Inquiry 2020-2025 (DPSI).3 The DPSI follows the ACCC’s original Digital Platforms Inquiry Final Report (DPI Final Report), […]

By Francesco Naismith & Baethan Mullen1   Market studies have recently risen to prominence in Australia’s competition policy. Reviews of energy markets, financial services, insurance, agriculture, Murray Darling water markets, car retailing, and digital platforms have all been completed in the last half decade.2 Almost every major sector of the Australian economy has been examined. […]

By Jacqueline Downes & Melissa Camp1   I. Introduction This piece builds on our previous articles2 covering the Australian Competition and Consumer Commission’s (“ACCC”) examination of developments in digital platforms through its ongoing Digital Platforms Services Inquiry 2020-2025 (“DPSI”).3 The DPSI follows the ACCC’s original Digital Platforms Inquiry Final Report (“DPI Final Report”), released in […]

By Christine Ryu-Naya, Jane Antonio & Santos Leyva Rubio2   A stellar panel of competition experts from around the world gathered to debate the relationship between competition enforcement and regulation earlier this week, exposing a variety of viewpoints on the topic.  The discussion was featured as part of a new competition forum sponsored by the […]

By Jacqueline Downes, Felicity McMahon, William Georgiou & Melissa Camp1   I. Introduction This piece builds on our previous article2 covering the Australian Competition and Consumer Commission’s (“ACCC”) examination of developments in digital platforms through its ongoing Digital Platforms Services Inquiry 2020-2025 (“DPSI”).3 The DPSI follows the ACCC’s original Digital Platforms Inquiry Final Report (“DPI […]

By Rhonda L. Smith & Deborah Healey1   Like many other jurisdictions, Australia is reviewing its approach to assessing mergers, particularly in the context of the digital environment. Merger notification is not compulsory in Australia. The most common review process is a voluntary informal clearance procedure not contained in the Competition and Consumer Act 2010 […]