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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 31 Part 3) contains the following material:

EDITORIAL

  • Ac-Cent-Tchu-Ate The Positive: E-Lim-i-nate The Negative

Articles

Loosening the Handbrake: Competition Law and Sustainability Initiatives – Haydn Flack and Paul Schoff

The world is facing a climate emergency and a rapid loss of biodiversity. Responding to the challenge presented by a changing climate requires a collective response from governments, business and individuals. While competition law is not the solution, businesses are increasingly seeking to understand the implications of competition law for sustainability agreements and collective action directed at achieving sustainability outcomes. This article explores the evolving response of policy makers and regulators to the interaction between competition law and sustainability and the growing dialogue in other countries that remains in its infancy in Australia. This article offers some suggestions as to what practitioners and regulators in Australia can do to ensure that competition law does not operate as a handbrake on collective action directed at achieving sustainability outcomes, particularly in response to a rapidly changing climate.

Amazon, Antitrust, and a First Amendment Paradox – Michael Gvozdenovic

The intersection between digital platforms and the right to freedom of speech guaranteed by the First Amendment of the US Constitution is an area of law ripe for consideration. When Twitter removed then-President Donald Trump from its social media platform, Justice Thomas observed, “the right to cut off speech lies most powerfully in the hands of private digital platforms. The extent to which that power matters for purposes of the First Amendment and the extent to which that power could lawfully be modified raise interesting and important questions”: Biden v Knight First Amendment Institute at Columbia University, 141 S Ct 1220, 1221, 1227 (2021). This article seeks to answer one of these interesting and important questions: whether and how antitrust law can be used to regulate the monopoly power that digital platforms hold over “free speech” in a manner consistent with the First Amendment.

AUTHORISATIONS AND NOTIFICATIONS – Editor: Rosannah Healy

  • Business Renewables Buying Group: ACCC Continues to Authorise Joint Electricity Procurement – William McKelvie

ENFORCEMENT AND REMEDIES – Editor: Bill Keane

  • Within ARM’s Reach: A New Frontier for Adverse Publicity Orders? – Guru Kugananthan

RESTRICTIVE TRADE PRACTICES – Editor: Julie Clarke

  • Port of New South Wales: Protecting Monopoly Profits as a Legitimate Commercial Purpose – Julie Clarke

CASE NOTES – Editor: Christopher C Hodgekiss SC

LANDMARKS – Editor: Christopher Hodgekiss SC

  • Yorke v Lucas – Myles Bayliss and Alexander Tate

REPORT FROM AFRICA – Editor: Lesley Morphet

  • Competition Policy and the African Continental Free Trade Agreement – Lesley Morphet

REPORT FROM LATIN AMERICA – Editors: Omar Guerrero Rodríguez and Martín Michaus Fernández

  • Introduction – Omar Guerrero Rodríguez and Martín Michaus Fernández

ODDS & ENDS

For the PDF version of the table of contents, click here: New Westlaw Australia – AJCCL Vol 31 No 3 Contents.

Click here to access this Part on New Westlaw AU

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