The latest issue of the Australian Business Law Review (Volume 39 Part 3) contains the following material:
Ex-post assessments of competition agencies decisions may assist an agency to refine its current investigatory processes and procedures to minimise the chance of making “type 1” or “type 2” decision-making errors in relation to future decisions. To date, the Australian Competition and Consumer Commission (ACCC) has not released for public consideration any ex-post assessment of its merger decisions, adjudication determinations and/or enforcement investigations. This article recommends that the ACCC follow the lead of its overseas counterparts, and conduct ex-post assessments of its decisions in key industry sectors, such as Australia’s supermarket industry. Ongoing concerns regarding the competitiveness of Australia’s supermarket industry may make it an ideal candidate for the ACCC’s first ex-post assessment. Further, an ex-post assessment may assist the ACCC to clarify its “ambiguous” assessment of emerging economic characteristics in Australia’s supermarket industry.
Coordinated effects – the emergence of a new paradigm – Emily McConnell
The potential for coordinated effects has become a central focus in the Australian Competition and Consumer Commission’s recent consideration of mergers. This article explores how the theoretical approach to coordinated effects analysis has changed over time. The traditional approach involved three aspects – the structural presumption, the checklist of market factors and evidence of past conduct. New approaches to coordinated effects analysis centre on how the merger changes the market, the mechanisms of collusion and the role of the maverick. Recent decisions indicate that the Australian Competition and Consumer Commission (ACCC) tends to focus its analysis on the role of the maverick. However, a critical analysis of these decisions shows that a more nuanced approach to coordinated effects analysis can lead to different conclusions regarding the likelihood of coordinated conduct.
Cartel compensation – a consumer perspective – I S Wylie
Cartel conduct has been described as a “cancer on our economy” and the Australian Competition and Consumer Commission (ACCC) has had success pursuing penal relief, but generally consumers have not been compensated for its effects. This article examines some of the challenges facing claimants and proposes solutions to them in terms of what the law does or should support from a consumer perspective.
COMMERCIAL LITIGATION – Ian F Turley
- How a click of a mouse can cost thousands – Guzyal Julia Hill
MEDIA AND TELECOMMUNICATIONS – Dr Martyn Taylor
- The case that wasn’t: Why Australian law and codes on the use of animals in the media need to be strengthened – Dr Louise Floyd
For the pdf version of the table of contents, click here: ABLR Vol 39 Pt 3 Contents.