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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 29 Part 3) contains the following material

EDITORIAL

  • An Anniversary

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Articles

Do Androids Dream of Electronic Collusion? An Analysis of Algorithmic Collusion under Australian Law – Deniz Kayis

Sophisticated algorithms are becoming ever more commonplace. With them comes the risk of “algorithmic collusion”. That is, collusion enabled, facilitated or conducted by algorithms. Adopting the conceptual framework developed by Ezrachi and Stucke, this article examines the Australian legal system’s interaction with four potential ways in which algorithms could enable anti-competitive outcomes: as facilitators of traditional collusion, as digital connectors between hubs and spokes, as tools used unilaterally to enable stable tacit collusion and, finally, as autonomous self-learning actors. The article concludes that current statutory provisions may not be capable of overcoming the challenges associated with detecting, investigating and litigating algorithm-enabled co-operation.

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Proving Civil Cartel Conduct: Evidentiary Issues, “Commitment” and the Effect of the Concerted Practices Prohibition – Jarryd Cox

This article reviews the state of civil cartel liability in Australia with a focus on the difficulties faced by the Australian Competition and Consumer Commission when prosecuting cartel conduct. The greatest stumbling block faced by the Commission when prosecuting civil cartel conduct is its substantial evidentiary burden. In comparison to other jurisdictions (United States and Europe), this evidentiary threshold is arbitrarily elevated due to proof of the element of “commitment” being a necessary condition of successfully prosecuting cartel conduct. The introduction of a concerted practices prohibition in the 2017 amendments to the Competition and Consumer Act 2010 (Cth) is expected to aid the Commission in reducing anti-competitive behaviour. This article recommends that the Australian cartel laws be further amended for the purpose of establishing “commitment” as a sufficient but not necessary element of cartel liability.

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ACCESS TO SERVICESEditor: John Hedge

  • Gas Pipeline Reforms John Hedge

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ENFORCEMENT AND REMEDIESEditor: Bill Keane

  • Agreed Penalties under Scrutiny Bill Keane

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CASE NOTEEditor: Christopher Hodgekiss SC

  • Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd: A Quantum Leap in our Understanding of Unconscionable Conduct? Dr M Sharpe

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ECONOMIC(S) MATTERS

  • Competitive Solutions for COVID-19 Alex Sundakov

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REPORT FROM AFRICAEditor: Lesley Morphet

  • Competition Law and Public Interest Imperatives in Africa, and South Africa in Particular Lesley Morphet

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REPORT FROM BRITAINEditors: Lisa Navarro and Stephen Tupper

  • Recent Developments and Future Plans Lisa Navarro and Stephen Tupper

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REPORT FROM EUROPEEditor: Tom Pick

  • The Reform of the European Rules in the Area of Restrictive Agreements Tom S Pick and Iseult Derème

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BOOK REVIEW

  • The Evolution of Competition Law in New Zealand, by R Ahdar

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For the PDF version of the table of contents, click here: Westlaw AU – AJCCL Vol 29 No 3 Contents or here:  New Westlaw AU – AJCCL Vol 29 No 3 Contents.

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