Australian Competition Law (4th edn)

Alex Bruce

LexisNexis Butterworths

Alex Bruce, Australian Competition Law (LexisNexis Butterworths, 4th Edition, July 2021)

Publisher’s description

Australian Competition Law provides an engaging and authoritative treatment of Australian competition law and is an ideal text for both practitioners and students. The clear explanations of complex concepts foster a sound understanding of the legal principles and their economic underpinnings. It includes a chapter how to understand competition law cases to develop skill in area-specific case analysis. The work focuses on the contemporary situation and recent developments but also explains the historical context.

The fully revised new edition covers recent developments in case law, policy and legislation, including discussion on:

• ACCC v Pacific National Pty Ltd (2020 – FCAFC) and Vodafone Hutchison Pty Ltd v ACCC (2020 – FCA) evaluating substantial lessening of competition in the context of alleged anticompetitive mergers

• the first interlocutory decision in B&K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd (2019 – FCA), considering the new ‘substantial lessening of competition’ threshold in s 46

• ACCC v Ramsay Health Care Australia Pty Ltd (2020 – FCA) on basic principles of market definition and evidentiary standards associated with the substantial lessening of competition test

• ACCC v Pfizer Australia Pty Ltd (2018 – FCAFC) dismissing the ACCC’s appeal concerning misuse of market power and exclusive dealing.

• the ACCC’s revised Compliance and Enforcement Policy and Priorities

Features

• Written in a lucid, accessible style with frequent examples and questions • Discusses contemporary situation, upcoming developments and historical context to encourage critical thinking about the law and options for reform • Includes chapter objectives and summaries to promote understanding and retention of content • Provides a chapter on analysis of competition law cases to develop skill in area-specific case analysis

Table of contents

1. The Development of Competition Law

2. Common Law Restraint of Trade Doctrine

3. Market Definition

4. Market Power and Substantial Lessening of Competition

5. Understanding Competition Law Cases

6. Application of the Competition and Consumer Act 2010 (Cth)

7. Cartels and Anti-competitive Arrangements and Understandings

8. Misuse of Market Power

9. Exclusive Dealing

10. Resale Price Maintenance

11. Anti-Competitive Mergers and Acquisitions

12. Authorisation and Notification

13. Access Regimes

14. Public Enforcement: Policies and Procedures of the ACCC

15. Public Enforcement: Orders and Remedies Available to the ACCC

16. Private Actions and Remedies