Competition Law and Economics in Australia, Volume I

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 Herbert Smith Freehills 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.

• AcknowledgementsForewordFRÉDÉRIC JENNYList of ContributorsList of Acronyms and Abbreviations1 Competition Law and Economics in Australia: IntroductionJULIE CLARKE, ALLAN FELS, BRENT FISSE, DEBORAH HEALEY, MEL MARQUIS, JOHN E. MIDDLETON, AND RHONDA L. SMITHPart I Context and History2 Australian Competition Law: Legislative Context and AppraisalALLAN FELS AND BRENT FISSE3 50 Years of the Australian Competition and Consumer CommissionALLAN FELS AND LUKE WOODWARD4 The Federal Courts and Evolution of Judicial Practice in Australian Competition LawTHE HON. ROBERT FRENCH ACPart II Economic Issues5 Competition and Competition LawRHONDA L. SMITH6 The Role of Economics and Economic Analysis in Australian Competition Law and PolicyGEORGE SIOLISPart IIILegal Issues7 The ‘Substantial Lessening of Competition’ TestANDREW CHRISTOPHER8 Anticompetitive Agreements Between Competitors and Cartel EnforcementBRENT FISSE AND ROB NICHOLLS9 Merger Control: An Evolutionary TaleLUKE WOODWARD AND CAROLINE COOPS10 Misuse of Market Power and the Interface Between Competition and IP PoliciesRHONDA L. SMITH AND ARLEN DUKE11 Presentation and Evaluation of Evidence in the Australian Competition TribunalTHE HON. JOHN E. MIDDLETON AM KC AND OLIVER LLOYDPart IVDistinctive Features of Australia’s Competition Law12 Australia’s Dual System of Administrative and Judicial Competition Law AdjudicationMICHAEL O’BRYAN13 Authorisation and NotificationANDREW MONOTTI14 National Competition Policy: The Continuing ImperativeDEBORAH HEALEY15 Evolution and Revolution in Infrastructure Access Regimes: Australia’s Sector-Specific Regulation and ChallengesGEOFF PETERSEN, MORELLE BULL, AND CATHERINE DERMODYPart VReform of the Competition Law Provisions16 Toward Merger Reform: An Economic PerspectiveGRAEME WOODBRIDGE17 Misuse of Market Power and Data Privacy JustificationsKATHARINE KEMP18 Exclusive Dealing: Provisions in Need of Reconsideration?SIMON SNOWIndex