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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 30 Part 4) contains the following material
- Talk – Is Not Always Cheap?
Articles
Competition Litigation – The Role of the Federal Court – Michael O’Bryan
Since the enactment of Australia’s current competition laws in the Trade Practices Act 1974 (Cth), competition laws in Australia have been judicially enforced. This distinctive system, shared with New Zealand and the United States, can be contrasted to the model of administrative enforcement of competition laws seen in other parts of the world. Judicial enforcement of competition laws has certain implications – in particular, for the development of legal principle, the process of fact finding and the application of economic theory in decision-making. This article considers each of those matters in turn, as part of the exploration of a larger question – whether the legal process, involving the enforcement of competition laws by the Federal Court, is capable of extended analysis of market power and competitive effects.
An Analysis of Publicity Orders under the Australian Securities and Investments Commission Act 2001 – Lloyd Freeburn and Ian Ramsay
Publicity orders (POs) typically require the public disclosure of information about a person’s or company’s wrongdoing and about penalties imposed by the court. POs are extensively used by some regulators, including the Australian Competition and Consumer Commission but not, until recently, by the Australian Securities and Investments Commission (ASIC). ASIC’s reluctance to use POs changed in 2021, with a series of cases in which courts imposed “non-punitive†POs on defendants under s 12GLB of the Australian Securities and Investments Commission Act 2001 (Cth). “Punitive†POs are also available under s 12GLA. The authors examine the use of POs under the ASIC Act, including the distinction between punitive and non-punitive POs. The authors also consider the types of punishment imposed by punitive POs – financial harm and reputational damage – as well as how the form and content of information required to be disclosed by a PO relates to this punitive purpose.
ADMINISTRATION AND COMPETITION POLICY – Editor: Dr Luke Wainscoat
- ACCC’s Evidence regarding the Market Power of Digital Platforms – Dr Luke Wainscoat
DEFECTIVE GOODS – Editor: THJ Cadd
- Dodgy Diesel Particulate Filters, Rusty Wire and Wrinkly Bubbly Awnings – THJ Cadd
CASE NOTE – Editor: Christopher Hodgekiss SC
- A Tale of Two Settings: Australian Competition and Consumer Commission v Google LLC – Diana Biscoe and Rosie Finlayson
- The Council’s Work during 2021–2022 – Malika Bouhafs
- A New Government – A “New Improved†Competition Agenda??? – Hank Spier
- About Face: Consumer Protection in the Data-driven Economy – Amy Pereira
- Competition in Artificial Markets: Example of the Electricity Wholesale Market – Alex Sundakov
- Rod Sims AO – A Decade Leading the Australian Competition and Consumer Commission – Russell Miller AM
REPORT FROM CHINA – Editor: Wayne Leach
- Recent Changes to China’s Anti-monopoly Law – Wayne Leach, Nicola Jackson, Nick Lehm and Jessica Flatters
REPORT FROM INDIA – Editor: Pravin Anand
- Major Developments in Competition Law in 2021–2022 – Pravin Anand, Vaishali Mittal and Siddhant Chamola
For the PDF version of the table of contents, click here: New Westlaw Australia – AJCCL VOL 30 No 4 Contents.
Click here to access this Part on New Westlaw AU
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