Australia's misuse of market power provision has been the subject of debate throughout its 40-year existence. It is presently in the spotlight again, receiving consideration as part of the “Root and Branch Review” of the competition law. Despite consideration by numerous earlier reviews, the...

The new Australian law against misuse of market power (as amended in 2017) shares a number of similarities with the Canadian law against abuse of dominance. This article makes a comparative analysis of these laws against unilateral anti-competitive conduct, highlighting their similarities,...

This submission responds to the Final Report of the Review into Open Banking in Australia released by Treasury on 9 February 2018. The proposed ‘Open Banking' regime, if implemented, will be the first incarnation of the broader ‘Open Data' regime proposed for Australia. The Productivity...

In August 2017, the Australian Prudential Regulation Authority (APRA) launched a public consultation concerning a new licensing regime for authorised deposit-taking institutions (ADI). This article argues that the new Restricted ADI licences proposed by APRA should, if implemented, serve to...

E-money has grown dramatically in a number of countries of late, often driven by non-bank providers of e-money, particularly telecommunications companies. Many countries have regulated the issuance of e-money, but in times of trouble there is usually a discrepancy in the treatment of bank and...

This submission in response to the ACCC General Online Retail Marketplaces Issues Paper provides an analysis of the privacy terms offered by four key general online retail marketplaces in Australia (incl Amazon and eBay), to offer some assessment of both:• the quality of privacy terms offered...

The Australian federal government released a Discussion Paper discussing possible amendments to the Privacy Act 1988 in October 2021. They include potentially the most extensive proposed changes to the Privacy Act since the inclusion of the private sector in its scope (2000). Many factors make...

"Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine...

This paper was drafted in response to the Discussion Paper on ‘Options to Strengthen the Misuse of Market Power Law' released by the Australian Treasury in December 2015. In particular, it offers a potential compromise, or third way, in the current debate concerning the amendment to section...

This article argues that the degradation of consumer data privacy in the digital environment causes objective detriment to consumers and undermines the competitive process, and should therefore be of critical concern to competition authorities. It is notorious that consumers are frequently...