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Author: Caron Beaton-Wells Publisher: Federation Press ISBN: 9781862874862 Category : Law Languages : en Pages : 390
Book Description
This book examines the evidence involved in proving the existence of an antitrust market under the Australian Trade Practices Act 1974. An antitrust market is a complex eco-legal concept. Proof of such a market is a critical issue that must be tackled in assessing whether business conduct is anti-competitive for the purposes of the Act. It is an issue that arises in most jurisdictions in which competition legislation exists, including New Zealand, the United States and the European Community. Proof of Antitrust Markets in Australia is the first comprehensive analysis of the evidentiary dimensions of this important issue. It provides significant practical insights for lawyers, economists, judges, regulators and business people concerning the evidence required to establish antitrust markets to the satisfaction of the courts. The challenges involved in presenting evidence from industry, consumers, statistical studies, and expert witnesses are each explored in detail. The insights conveyed in the book indicate that while the approach taken by Australian courts to the evidence on this issue may be correct in principle, it lacks rigour in practice. The author makes a range of recommendations as to how the approach could be improved. This particular aspect of the book should be of interest to scholars in the field of competition law generally.
Author: Caron Beaton-Wells Publisher: Federation Press ISBN: 9781862874862 Category : Law Languages : en Pages : 390
Book Description
This book examines the evidence involved in proving the existence of an antitrust market under the Australian Trade Practices Act 1974. An antitrust market is a complex eco-legal concept. Proof of such a market is a critical issue that must be tackled in assessing whether business conduct is anti-competitive for the purposes of the Act. It is an issue that arises in most jurisdictions in which competition legislation exists, including New Zealand, the United States and the European Community. Proof of Antitrust Markets in Australia is the first comprehensive analysis of the evidentiary dimensions of this important issue. It provides significant practical insights for lawyers, economists, judges, regulators and business people concerning the evidence required to establish antitrust markets to the satisfaction of the courts. The challenges involved in presenting evidence from industry, consumers, statistical studies, and expert witnesses are each explored in detail. The insights conveyed in the book indicate that while the approach taken by Australian courts to the evidence on this issue may be correct in principle, it lacks rigour in practice. The author makes a range of recommendations as to how the approach could be improved. This particular aspect of the book should be of interest to scholars in the field of competition law generally.
Author: Caron Beaton-Wells Publisher: Cambridge University Press ISBN: 113949645X Category : Law Languages : en Pages : 651
Book Description
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Author: Jim Minifie Publisher: ISBN: 9780648230700 Category : Business Languages : en Pages : 60
Book Description
Competitive pressure is essential to good economic performance. But many are concerned that it is waning. They say large firms are dominating markets, pushing up prices and profits, squeezing suppliers, and slowing growth in wages and productivity. They point to the consolidation of old industries and the rise of new ones dominated by large firms. Is competitive pressure in Australia weak? Is it waning? How costly to Australia is market power? This report assesses the evidence. It then proposes policies to increase competitive pressure.
Author: John Duns Publisher: Edward Elgar Publishing ISBN: 1785362577 Category : Law Languages : en Pages : 529
Book Description
Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Author: Des Butler Publisher: Federation Press ISBN: 9781862874916 Category : Health & Fitness Languages : en Pages : 182
Book Description
Damages for Psychiatric Injuries offers a critique of liability for psychiatric injury in Australia and England. Author Des Butler examines current day understandings of psychiatric medicine, evaluates the legitimacy of past and current approaches to limiting liability, and examines the policy considerations which promote such limits. Butler also analyses the recommendations of the 2002 Ipp Panel's Review of Negligence in Australia and resulting legislation. Succinct and readable, the book sets out a preferred approach to dealing with claims for psychiatric injuries, which recognises the scientific advances of recent times and reflects good legal reasoning.
Author: Roger Neil Douglas Publisher: Federation Press ISBN: 9781862874879 Category : Juvenile Nonfiction Languages : en Pages : 182
Book Description
This book explores the laws relating to political demonstrations. It is comprehensive in its coverage, and analyses relevant law in the Commonwealth and each of the States and Territories: the degree to which laws impinging on demonstrations are subject to the implied constitutional freedoms enjoyed by other forms of political communications; laws applicable to riots, unlawful assemblies, and to peaceful demonstrations; the 'public order' offences with which demonstrators are usually charged although, on their face, they have nothing to do with the collective, communicative, or coercive aspects of the demonstration; police powers in relation to demonstrations. Dealing with Demonstrations has been written with a view to assisting those with a direct interest in knowing the nature of 'demonstration law', but it may also be read as a case-study of the ambivalent relationships between liberal democratic governments and their adversaries. It treats laws as reflecting both the commitment of Australian governments to political liberalism, and their unease about political conduct which poses even symbolic threats to their legitimacy. Courts tolerate peaceful, communicative demonstrations, but show considerable unease when demonstrations threaten 'order'. But, Douglas argues, laws and their enforcement reflect not only what governments would like to achieve, but also what they can achieve, and while laws constrain demonstrators, demonstrators are able to constrain governments.
Author: Caron Beaton-Wells
Author: Caron Beaton-Wells
Author: United States. Department of Justice
Author: Katharine Kemp
Author: Caron Beaton-Wells
Author: Jim Minifie
Author: John Duns
Author: Maureen Brunt
Author: 
Author: Des Butler
Author: Roger Neil Douglas