*Due to the change in name from the Trade Practices Law Journal to the Australian Journal of Competition and Consumer Law there has been a delay with this Part being made available online. We apologise for any inconvenience this may have caused. You will now find this Part located under the heading Australian Journal of Competition and Consumer Law. There is also a link to all of the content previously published under the heading Trade Practices Law Journal
The latest issue of the Australian Journal of Competition and Consumer Law (Volume 19 Part 1) contains the following material:
The Australian Consumer Law – is it really a new era of consumer protection? – Jacqueline Downes
Consumer protection was enshrined in the Trade Practices Act 1974 (Cth). While the aim of competition law is to promote vigorous competition between suppliers to increase choice and lower prices for consumers, the aim of consumer law is to protect consumers by arming them with information and prohibiting certain practices. After many years of focus on competition law reform, the new Australian Consumer Law puts the focus back on consumer protection. This article will look in detail at the reforms and assess whether they strike an appropriate balance between consumer protection and business freedom.
The Australian Consumer Law – an ACCC perspective – Graeme Samuel
The reforms to consumer protection broaden and strengthen those protections and clarify the rules for business and consumers. They are tailored to modern markets and offer the Australian Competition and Consumer Commission and other regulators a broader suite of options than before to respond to breaches.
Price discrimination arises where different customers are charged a different price for the same product or service. Anti-competitive price discrimination arises where the differences in prices cannot be explained by reference to differences in the reasonable cost of supplying the two customers. The inability of the two customers in these circumstances to obtain the same price means that there is a distortion in the market such that one customer is materially disadvantaged by paying a higher price than the other customer. At the retail level such price discrimination becomes what is called “geographic price discrimination”, where a consumer in one location is paying a higher price than a consumer at another location in the same geographic area. This price gouging can, however, be effectively dealt with in a targeted and balanced manner with sufficient safeguards for competition and consumers.
- The Queensland Rail Access Regime: The National Competition Council’s recommendation – Hashini Panditharatne
- When silence misleads, and when it doesn’t – Bernard McCabe
- New pricing principles proposed for declared fixed-line services – Karen Lee
- Non-publication orders in the Federal Court: Hogan v Australian Crime Commission – Dr Lici Inge and Matthew Garey
TRIBUNAL TABLEAUX – Mitch Riley
- Competition policy – A business perspective – Leanne Edwards
- European Commission revises ten-year old framework for assessing vertical restraints – Tom Pick and Jochen Beck
- New Zealand’s highest court considers taking advantage of market power to deter competition – Lindsay Trotman and Debra Wilson
For the pdf version of the table of contents, click here: AJCCL Vol 19 Pt 1 Contents.