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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 30 Part 2) contains the following material

EDITORIAL

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Articles

International Aviation and Competition Policy in Australia – Complementary or in Conflict? – Russell Miller AM

This article, traces the growing impact domestic competition law in Australia has had on established international policies that nurtured and facilitated international aviation as it exists today and explores how, in Australia, international aviation policy and competition policy have conflicted, but found common ground on which to beneficially co-exist. The article has its origins in the Aviation Law Association of Australia and New Zealand’s annual David Broughton Memorial Lecture presented by the author in 2019.

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Does Competition Law Have a Digital Achilles’ Heel? – Hasan Mohammad

While the rapid shift towards the digital economy affords a multitude of benefits, competition authorities and commentators have raised concerns regarding the risks that it poses for competition enforcement. In particular, it is widely believed that traditional competition law principles are ineffective at controlling market power in digital platform markets as they were originally developed for enforcement in non-digital contexts. This article focuses on the unique attributes of digital platforms which are thought to give rise to competition enforcement risks, namely network effects, self-preferencing, default settings, data asymmetries and strategic acquisitions. It is demonstrated that many claims regarding these attributes are not supported by empirical evidence. In addition, examples of recent competition proceedings are cited to demonstrate how traditional competition law and complementary consumer law frameworks are malleable such that they remain applicable and effective in addressing market power concerns in digital contexts.

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AUTHORISATIONS AND NOTIFICATIONS – Editor: Rosannah Healy

  • ACCC Denies Authorisation for Alliance between Qantas and Japan Airlines – Alexander Neerhut

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CONSUMER PROTECTION – Editor: Bernard McCabe

  • Beating the Algorithm but Not the ACL: Google Advertising and the Search for Reasonableness – Stephanie Hayes

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UNCONSCIONABLE CONDUCT AND CODES OF CONDUCT – Editor: Deniz Kayis

  • Inquire Now, Regulate Later: Australia’s Light-touch Approach to Regulating Buynow-pay-later Products – Melissa Camp

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CASE NOTES – Editor: Christopher Hodgekiss SC

  • “Don’t Put Your Eggs in One Basket”: Important Merger Takeaways Following Australian Competition and Consumer Commission v IVF Finance Pty Ltd – Thomas Shaw and Mei Gong
  • Epic Games, Inc v Apple Inc: Battle Royale over Choice of Forum – Theadora Fabricius

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CONSUMER CONCERNS

  • Consumer Needs and the Future of Broadband – Megan Ward

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TRIBUNAL TABLEAUX

  • The Australian Competition Tribunal in 2021

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REPORT FROM BRITAIN – Editors: Lisa Navarro and Stephen Tupper

  • Time to Play “Nicely” in the Sandbox – Lisa Navarro and Stephen Tupper

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REPORT FROM EUROPE – Editor: Tom Pick

  • New Draft Guidance on Horizontal Co-operation in Europe – What It Means for Companies Wanting to Co-operate in Purchasing – Tom S Pick

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REPORT FROM NORTH AMERICA – Editor: Christopher Pleatsikas

  • Digital Platforms’ Vertical Integration: Friend or Foe? – Andrea Asoni

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ODDS & ENDS

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For the PDF version of the table of contents, click here: Westlaw AU – AJCCL Vol 30 No 2 Contents or here: New Westlaw Australia – AJCCL Vol 30 No 2 Contents.

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