*Please note that the links to the content in this Part will direct you to New Westlaw.

To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AEST).

The latest issue of the Australian Journal of Competition and Consumer Law (Volume 31 Part 2) contains the following material:

EDITORIAL

  • Fuel for Thought

Articles

“Pay-for-delay” Arrangements in the Pharmaceutical Industry: How Will They Be Treated under Australian Competition Law? – Diana Biscoe, Rosie Finlayson and Andrew Christopher

In the pharmaceutical industry, “pay-for-delay” arrangements involve a transfer of value from a patent holder (originator) to a generic pharmaceutical company in return for the generic company not launching, or delaying the launch of, its equivalent generic product. Pay-for-delay arrangements can damage competition by delaying generic competition, leading to higher prices for consumers and the government. These arrangements have attracted scrutiny and significant enforcement actions in the United States and Europe. The application of Australia’s highly prescriptive competition laws to these types of arrangements is not straightforward. This article identifies a number of key challenges, including satisfying the “competition condition”, establishing a prohibited cartel or other anti-competitive purpose or effect, and the application of the exclusive dealing “antioverlap” exception to cartel conduct. It remains to be seen how pay-for-delay arrangements in the pharmaceutical industry will be treated under Australian competition law.

ACCESS TO SERVICES – Editor: John Hedge

  • Gas Pipeline Regulation Reforms (Again!) – John Hedge

UNCONSCIONABLE CONDUCT AND CODES OF CONDUCT – Editor: Deniz Kayis

  • Regulation of Self-regulation: Legal Consequences for Non-compliance with Nonprescribed Industry Codes of Conduct – Lucy Cameron

CASE NOTE – Editor: Christopher Hodgekiss SC

  • Skippers, Skimmers and Readers: Australian Competition and Consumer Commission v Google LLC (No 2) – Melissa Camp

TRIBUNAL TABLEAUX

  • The Australian Competition Tribunal in 2022 and 2023

REFLECTIONS

  • A Tougher Merger Law for Australia – Russell Miller AM

REPORT FROM BRITAIN – Editor: Lisa Navarro

  • Putting the Environment at the Heart of Competition Policy – Lisa Navarro

REPORT FROM EUROPE – Editor: Tom Pick

  • European Union Commission Adopts Final Subsidies Regulation – A Brief Overview – Tom S Pick

REPORT FROM NORTH AMERICA – Editor: Christopher Pleatsikas

  • The Market that Never Was: The Contested Acquisition of a Single Grain Elevator in Canada – Lisa Stockley

For the PDF version of the table of contents, click here: New Westlaw Australia – AJCCL Vol 31 No 2 Contents

Click here to access this Part on New Westlaw AU

For general queries, please contact: [email protected].