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Economic Essays on Australian and New Zealand Competition Law : International Competition Law Series - Maureen Brunt

Economic Essays on Australian and New Zealand Competition Law

International Competition Law Series

Hardcover

Published: June 2003
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In this thirty - year retrospective of her most important essays, lawyers and others occupied with competition issues will find a rich harvest of insights into the interdependence between law and economics, and the manner in which they should be blended in the courts. The contributions include the following: - the development of conceptual schemes that are both economically meaningful and legally operational; - in-depth investigation of the core problems of market definition and market appraisal; - development of a concept of competition as the inverse of market power; and - techniques for making the best use of economists' expert evidence.

Prefacep. xi
Forewordp. xv
Acknowledgementsp. xxi
Australian and New Zealand Law Reportsp. xxiii
Author's Introductionp. 1
The Book and its Authorp. 1
Introduction to Australian and New Zealand Competition Law and Institutionsp. 4
Commentary on the Essaysp. 6
Legislation in Search of an Objective (1965)p. 6
Lawyers and Competition Policy (1976)p. 9
The Use of Economic Evidence in Antitrust Litigation: Australia (1986)p. 11
"Market Definition" Issues in Australian and New Zealand Trade Practices Litigation (1991)p. 13
Australian and New Zealand Competition Law and Policy (1992)p. 17
The Australian Antitrust Law After 20 Years--A Stocktake (1994)p. 29
The market power standard and efficiencyp. 30
The Hilmer reformsp. 35
Testing the "limits" of antitrust: monopolization and Melwayp. 40
Antitrust in the Courts: The Role of Economics and of Economists (1999)p. 43
Legislation in Search of an Objective (1965)p. 51
Preliminary Appraisalp. 51
Backgroundp. 56
Ends and Meansp. 58
Policy for Australiap. 66
Assessmentp. 74
Some Detailed Proposals and Questionsp. 78
Mergersp. 78
Other examinable agreements and practicesp. 80
Registrationp. 80
The Commissioner and the initiation of casesp. 81
The Tribunalp. 81
Collusive tendering and biddingp. 82
The "public interest"p. 82
Lawyers and Competition Policy (1976)p. 85
An Agenda for Thoughtp. 85
The Scope of Competition Policy and the Bias of Court-Enforced Controlsp. 98
Market Intervention Policiesp. 98
Monopoly Control Policiesp. 99
Monopoly Lawsp. 103
The Legal Process and Monopoly Analysisp. 112
Sequential trial procedurep. 116
The adversary systemp. 117
Evidencep. 118
The use of the economist as expert witnessp. 119
Concluding Reflectionsp. 125
The Use of Economic Evidence in Antitrust Litigation: Australia (1986)p. 127
Introductionp. 127
Overview of the Law and its Enforcementp. 128
Backgroundp. 128
Important Featuresp. 130
Issues for which Economic Evidence is Utilisedp. 133
Conduct Illegal Per Sep. 133
Economic Content of the Australian Rule of Reasonp. 139
Particular Issuesp. 152
Cartelizationp. 152
Monopolization (and Predatory Pricing)p. 159
Mergers and Acquisitionsp. 166
Exclusive Dealing and Price Discriminationp. 169
The Role of Economists and of Economicsp. 173
Recapitulation and Generalizationp. 173
The Institutional, Procedural and Evidentiary Settingp. 175
"Market Definition" Issues in Australian and New Zealand Trade Practices Litigation (1991)p. 185
Introductionp. 185
The Australian and New Zealand Statutory Requirementsp. 189
Competition and Market Powerp. 194
An "Economically Meaningful" Market Concept for Trade Practices Usagep. 203
Eight Questions Regarding Marketsp. 211
In what sense is "market" an economic concept? A legal concept? A matter of fact? A matter of commercial common-sense?p. 211
Does the New Zealand Act call for a different approach from the Australian Act?p. 215
Is market definition really necessary? Does it matter bow widely or narrowly market boundaries are drawn?p. 218
How should one accommodate international competition and C.E.R.?p. 219
What is the role of submarkets?p. 224
Must there be "trade or traffic"?p. 226
Should there be some flexibility in the definition of the market according to the legal context?p. 230
What approach should be taken to problems of proof?p. 235
Australian and New Zealand Competition Law and Policy (1992)p. 239
Introductionp. 239
Brief Overview of the Two Laws and their Enforcementp. 241
The Statutory Prohibitionsp. 241
Authorization and the Dual Adjudication Systemp. 242
Enforcementp. 243
The Tension Between Law and Economicsp. 245
The Developing Australian and New Zealand Response to Some Standard Methodological Questionsp. 247
Market Definitionp. 248
Market Power, Market Dominance and Competitionp. 253
Market Concentration and Barriers to Entryp. 258
Policy Issues of Current Importancep. 264
"Monopolization": Misuse of Market Powerp. 264
Deregulation, Privatization and Competition Lawp. 281
Mergers and Acquisitionsp. 287
The Australian Antitrust Law After 20 Years - A Stocktake (1994)p. 297
Introductionp. 297
Anatomy of the Lawp. 298
The Statutory Prohibitionsp. 298
Authorization and the Dual Adjudication Systemp. 299
Enforcementp. 299
The Trans-Tasman Connection: The New Zealand Commerce Actp. 301
The Initial Challengep. 302
What Have We Achieved?p. 309
What Have We Learnt?p. 313
Some Distinctive Features of Australian Antitrustp. 322
Market Definitionp. 322
Dual Adjudication and Authorizationp. 328
A Pure Market Power Standard?p. 332
The Treatment of Verticalsp. 336
The Challenge of the '90s and the Limits of Australian Antitrustp. 339
Recapitulation and Conclusionp. 346
Referencesp. 348
Antitrust in the Courts: The Role of Economics and of Economists (1999)p. 353
Introductionp. 353
Antitrust as Economic Lawp. 354
Reception and Role of Expert Economic Testimonyp. 357
Composition of the Courtp. 363
Closing Reflectionsp. 365
Publications on Competition Law and Industrial Organizationp. 371
Indexp. 373
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9789041119919
ISBN-10: 9041119914
Series: International Competition Law Series
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 378
Published: June 2003
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 2.39
Weight (kg): 0.74