The latest Part of the Australian Business Law Review includes the following articles: “Contrary to fact: Competition, market power, and the use and abuse of the counterfactual test in s 46” – Ian B Stewart; “A view of the macrocosm of international cartel enforcement: How the boomerang of cross-border disclosure springs back to its domestic context” – Laura Guttuso; and “Stamping out rubber-stamped penalties? Determining an appropriate judicial response to agreed penalties in civil penalty settlements” – Samantha Teong. Also in this Part is an Insurance Law section looking at Insurance Contracts Act Reform.
The latest Part of ABLR includes three articles of interest. The first comes from Andrew Eastwood and seeks to explore policy issues such as whether it is appropriate for regulators to encourage the voluntary provision of a party’s legal advice, and whether a willingness to produce such advice should be seen as a necessary aspect of “full cooperation” with the regulator’s investigation. The second article is by Julie Anne Tarr which looks at striking a balance between commercial and public interests when regulating the coal industry. The final article comes from Philip Williams and explores the range of meaning given to the words “take advantage” as they appear in the monopolisation provisions of the competition laws of Australia and New Zealand.