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Australia

Competition Law in Australia
 |  Aug 8, 2024

The Australian competition landscape has been dominated this year by two proposed major policy changes by the Labor government. First, the government aspires to a stronger and better merger law…

Public Tenders and Competition Law: Are We Acting Competitively in Australia?
 |  May 15, 2024

By Leandra Diem* & Barbora Jedličková**   The concept of competition law as it relates to public procurement is not a particularly common topic of discussion in Australia. Unlike in Switzerland…

Expert Economic Evidence in Australian Competition Law: “Economic Assessors – Time to Adopt Admiralty Practice?”
 |  Jul 21, 2023

Sitting as it does at the intersection between economics and law, competition law poses particular challenges for judges. Is it time to consider more innovative methods of adducing and assessing…

The ACCC’s Ongoing Digital Platforms Services Inquiry: Social Media Services
 |  Jun 20, 2023

By Jacqueline Downes, Melissa Camp, & Dominic Page1 I. Introduction In its latest report in the ACCC’s ongoing Digital Platforms Services Inquiry 2020-2025 (DPSI),2 the Australian regulator has found that…

Competition-Regulatory Hybrid: The Australian Approach to Combating Wholesale Electricity Market Misconduct
 |  Apr 30, 2023

By Brenda Yuanyuan Xiong*   Introduction The relationship between competition law and economic regulation has evolved from a state of conflict to one of mutual recognition. Competition law is aimed…

The ACCC’s Ongoing Digital Platforms Services Inquiry: Regulatory Reform
 |  Feb 6, 2023

By Jacqueline Downes, Bella Cameron and Jamie Hick1   I. Introduction This piece builds on our previous articles and publications2 covering the Australian Competition and Consumer Commission’s (ACCC) examination of…

International Co-Operation Fixing Problems in Digital Markets
 |  Oct 12, 2022

A new sense of urgency and purpose has enlivened our international conversations about digital platforms, stimulating unprecedented levels of co-operation between competition and consumer authorities globally. In addition to conducting…

Misuse of Market Power in Australia: Early Assessment of the Amended Section 46 of the Competition and Consumer Act
 |  Sep 4, 2022

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…

Some Reflections of a Former Competition Agency Head
 |  Aug 24, 2022

After 11 years as Chair of the Australian Competition and Consumer Commission in this article Rod Sims reflects on a range of antitrust issues, emphasising their importance to our economy…

The Legislative Framework and Competition Policy in Australia
 |  Aug 24, 2022

This article reviews the legislative framework which underlies Australian competition law and policy. First, the Australian Constitution plays a key although often unrecognized role in preventing interstate restrictions on competition. …

Regulating Gig Work in Australia: The Role of Competition Regulation and Voluntary Industry Standards
 |  Jul 20, 2022

This article surveys two recent Australian regulatory developments which highlight the critical role of competition law and voluntary industry standards in regulating gig work. In particular, the class exemption for…

The ACCC’s Ongoing Digital Platforms Inquiry: Online Retail Marketplaces
 |  Jun 6, 2022

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…

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