Proof of Antitrust Markets in Australia

Proof of Antitrust Markets in Australia
Author: Caron Beaton-Wells
Publisher: Federation Press
Total Pages: 390
Release: 2003
Genre: Law
ISBN: 9781862874862

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.

Competition in Australia

Competition in Australia
Author: Jim Minifie
Publisher:
Total Pages: 60
Release: 2017-12-03
Genre: Business
ISBN: 9780648230700

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.

Misuse of Market Power

Misuse of Market Power
Author: Katharine Kemp
Publisher: Cambridge University Press
Total Pages: 273
Release: 2018-06-28
Genre: Business & Economics
ISBN: 1107184762

Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.

Statistics in the Law of Evidence

Statistics in the Law of Evidence
Author: Nicholas Lennings
Publisher: Bloomsbury Publishing
Total Pages: 271
Release: 2024-11-14
Genre: Law
ISBN: 1509957359

This book evaluates the role played by statistical evidence in litigation. Despite the increasing prevalence of statistical evidence in modern litigation, how such evidence should be admitted and used by courts is often inconsistent and widely criticised. Accepting that statistical evidence can lead to more accurate decisions, the book proposes criteria that could allow courts to decide that statistical evidence is good for fact-finding. The many and varied scholarly debates regarding statistical evidence have by and large avoided judicial attention. Unlike previous works, this book contextualises those debates in the language and practice of evidence law, focusing principally on Australia, as well as the UK and the USA. It does so by identifying that the controversy around statistical evidence follows the three-tiered statistical syllogism underlying statistical inference: first, whether statistical evidence is capable of establishing an association between phenomena in a state of nature; second, inferring that phenomena to an individual from the general association; and third, whether statistical evidence can be sufficient for proof of contested facts. Objections are said to arise at each level of this syllogism and, by mapping these objections onto evidence law, the book argues that a pathway for the judicial evaluation of statistical evidence can be constructed.

Australian Cartel Regulation

Australian Cartel Regulation
Author: Caron Beaton-Wells
Publisher: Cambridge University Press
Total Pages: 651
Release: 2011-04-25
Genre: Law
ISBN: 113949645X

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.

Comparative Competition Law

Comparative Competition Law
Author: John Duns
Publisher: Edward Elgar Publishing
Total Pages: 529
Release: 2015-11-27
Genre: Law
ISBN: 1785362577

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.

Market Definition in EU Competition Law

Market Definition in EU Competition Law
Author: Miguel Sousa Ferro
Publisher: Edward Elgar Publishing
Total Pages: 522
Release: 2019
Genre: Antitrust law
ISBN: 1788118391

The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.

Damages for Psychiatric Injuries

Damages for Psychiatric Injuries
Author: Des Butler
Publisher: Federation Press
Total Pages: 182
Release: 2004
Genre: Health & Fitness
ISBN: 9781862874916

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.