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

Edited by: Julie Clarke et al.

ISBN13: 9781032833736
To be Published: August 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £205.00



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.

Subjects:
Other Jurisdictions , Australia
Contents:
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