Competition Law in Australia 5th Edition

Competition Law in Australia 5th Edition


$168.00 RRP

Date: 22/02/2010

Code: 9780455227627

Lawbook Co., AUSTRALIA


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Book Competition Law in Australia 5th Edition 22/02/2010 9780455227627 $168.00


Competition Law in Australia, 5th Edition provides a comprehensive discussion of the issues pertaining to the regulation of competition in Australia. Covering two broad areas of the Trade Practices Act - the substantive prohibitions regulating anti-competitive conduct, and access to infrastructure services - this new edition is an essential reference for anyone studying or working in this area.

This edition takes account of three significant amending Acts:

  • The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) which took effect on 24 July 2009, brought about a fundamental change in the way that serious cartel conduct is regulated in Australia;
  • The Trade Practices Amendment Act 2008 (Cth) inserted s 46(6A) to clarify the meaning of the taking advantage element of s 46(1); and
  • The Trade Practices Amendment Act (No 1) 2007 (Cth) inserted s 46(1AA), which prohibits corporations with a substantial market share pricing below ‘relevant’ cost for a ‘sustained period’.

Four significant new High court decisions are Baxter Healthcare (derivative governmental immunity), East Australian Pipeline (gas pipeline access pricing), Telstra (telecommunications access regime), and BHP Billiton ( rail access).

Because of the significance of the criminalisation of cartel conduct, this edition also considers the civil and criminal penalties that can be imposed for contraventions of Pt IV Div 1 and other orders that the ACCC or CDPP may seek from a court in criminal proceedings, such as disqualification orders, non-punitive orders and other orders. It explains the ACCC’s Approach to Cartel Investigations (July 2009), the Memorandum of Understanding between CDPP and ACCC (July 2009), and the Prosecution Policy of the Commonwealth (November 2008). It also considers the ACCC’s Immunity Policy for Cartel Conduct (July 2009).

Table of contents
Part A - Preliminary Matters
Chapter 1: Competition Policy and Economic Theory
Chapter 2: Economic Concepts and Definitions
Chapter 3: Legal Background and Overview
Chapter 4: Field of Application of the Act
Part B - Anti-Competitive Conduct
Chapter 5: Cartel Offences and Civil Prohibitions
Chapter 6: Anti-Competitive Contracts, Arrangements and Understandings
Chapter 7: Mergers and Acquisitions
Chapter 8: Misuse of Market Power and Below Cost Pricing
Chapter 9: Exclusive Dealing
Chapter 10: Resale Price Maintenance
Chapter 11: Franchising
Chapter 12: Intellectual Property and Competition
Chapter 13: Anti-Competitive Conduct—Telecommunications
Part C - Regulating Access
Chapter 14: Access to Essential Services: Part IIIA
Chapter 15: Access to Telecommunications Services: Part XIC
Part D - Enforcement and Remedies
Chapter 16: Public Remedies
Chapter 17: ACCC Investigation: Practice and Procedure
Chapter 18: Private Remedies

Editorial Reviews

From: (2010) 18 TPLJ 312

Reviewed by Dr R J Desiatnik, Barrister, Sydney

When a fifth edition of a book on competition law is published a mere three years after its fourth edition, to some extent it competes with the earlier edition. Since the earlier edition, to quote a review which appeared in the Journal (see (2007) 15 TPLJ 270) was “as close to deservedly wearing the badge ‘must have’, as any on its subject matter”, the question arises: does the fifth edition compete successfully with its predecessor? To answer that question, various factors come into play.
In the Preface to this new edition the author specifically points to the enactment and commencement of the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) as the prime reason for the publication of the fifth edition of his book. At the same time other major legislative changes since 2007 such as the Trade Practices Amendment Act 2008 (Cth), reforms such as the National Gas Law, significant High Court decisions such as ACCC v Baxter Healthcare Pty Ltd (2007) 232 CLR 1 and BHP Billiton Iron Ore Pty Ltd v National Competition Council (2008) 234 CLR 210, major decisions by the Full Federal Court such as Telstra Corp Ltd v Australian Competition Tribunal (2009) 175 FCR 701 and Seven Network Ltd v News Ltd (2009) 182 FCR 160, as well as notable single judge decisions such as ACCC v Leahy Petroleum Pty Ltd (2007) 160 FCR 321 are highlighted as necessitating the new edition of the work. There would be little, if any, dispute that such matters are ample justification for a current edition, given that practitioners in competition law who fail to keep up-to-date in this area of the law, do so at their own peril.
This new edition is as comprehensive as the fourth edition in its exposition of its subject matter, and in the author’s analysis of legal principle and the caselaw behind it. To boot, it is, in keeping with its expanded subject matter, 123 pages longer. As before, it is sensibly divided into parts which, in turn, are logically divided into chapters and then sub-chapters. Each segment is instructive, without aspiring to become a treatise. The book, to its credit, remains easily portable. The work is well-written, and well-researched (it is graced by several references to articles published in the Journal), and is not hamstrung by the sin of having more footnotes than text. It can be used both as a text for teaching purposes and study, as well as a highly informative reference book for practitioners. By way of final comparison with the earlier edition, it is, by its mere existence, more up-to-date.
The type set is darker and clearer than in the earlier edition, but the Index, Table of Cases and Table of Statutes are not as well set out and therefore less easy to read than in the fourth edition, although the Index and both Tables contain far more references than those in the earlier edition. It is hoped that, should there be a further edition, the format adopted in the fourth edition for these all important parts of any law book will be re-adopted.
However, one drawback of the earlier edition has not been repeated in this new one. Then, the Index and Tables gave references by way of chapter and paragraph numbers, yet only page numbers appeared at the top of each page. In this edition, the same method of referencing has been used, but now chapter/paragraph numbers are given as well as page numbers. Curiously, however, the top of each page refers to “Part A” through to “Part D”, a throwback to the format of the fourth edition, but there is no such reference in the Table of Contents. Additionally, the sub-chapters are no longer set out in the Table of Contents as in the earlier edition, but can only be found under each chapter when one turns to that chapter. That is troubling for a reader. The sub-chapters, in any future edition, should be displayed both under the Table of Contents, and as they now are presented.
As can be seen, there are some areas where this fifth edition could be improved. However, as can also be seen, the overall excellence of the work makes it more than competitive with all other works in the field, including its own earlier edition. It provides both a full exposition of the law on competition law in Australia, as well as critical commentary on that law and practical guidance on how to apply it. Professor Corones, in the Preface to this work wrote: “The aim of this edition is to provide legal practitioners, students and business people with a comprehensive and up-to-date analysis of all aspects of Australian competition law.” It must be said, and with conviction, that he has accomplished his aim.

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