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"Predatory pricing Australia."
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Areeda-Turner \Down Under\: Predatory Pricing in Australia Before and After Boral
In the only predatory pricing case in Australia to reach the High Court, the ideas and recommendations contained in the 1975 Harvard Law Review article by Phillip Areeda and Donald Turner were at the heart of the case. That case, the Boral case, decided by the High Court in 2003, raised a number of interesting issues with regard to whether and how the test that was proposed by Areeda and Turner should be employed to deal with price cuts by large firms that are aimed at competitors. Equally important, the case raised some fundamental questions about whether there was a serious \"gap\" in the Australian equivalent of Section 2 of the Sherman Act—Section 46 of the Competition and Consumer Act 2010, formerly the Trade Practices Act 1974 (TPA)—which made it difficult to challenge predatory conduct. Boral led immediately to some radical changes in the TPA; but, even today, more than 10 years after Boral, Australians are still struggling to develop the right statutory framework to deal with predatory pricing. This paper will describe the Boral case, discuss how the Australian courts, including the High Court, attempted to apply the A-T test to the facts of the case, and survey and comment on the ongoing legislative turmoil that followed from High Court's decision.
Journal Article
Commercial power and competitor litigation
Remedies for companies being taken to court by a competitor to restrict competition - litigation or administrative action as a competitive device - \"misuse\" of market power - positioning United States antitrust doctrine and case law - Noerr-Pennington doctrine - claims of sham litigation in Australasia - avenues in reply to \"commercial power\" - abuse of process in tort.
Journal Article
The idealist Profile of Senator Barnaby Joyce.
Before running the political race and helping the Coalition win a majority in the Senate for the first time in 23 years, Barnaby Joyce was possibly the best-known accountant in St George, population 3000. Now he is one of the best-known and most contentious characters on the political stage. He claims one of the most compelling Australian dreams is to go into business. Joyce believes there is a lack understanding of small business in Canberra. He believes that concentrated markets deprive consumers and small business of the keen pricing and choice that goes with having a range of vigorous competitors -- a notion that flies in the face of globalism. For someone who has seen the tough side of party politics Joyce remains idealistic, but says he is more cynical than when he assumed his seat.
Magazine Article