Restrictive trade practices
Article Abstract:
The Nov 1992 Draft Merger Guidelines issued by the Australian Trade Practices Commission treats the topic of anti-competitive mergers. The Guidelines contain explicit rules to supplement the Trade Practices Act that describe anti-competitive mergers in terms of resultant market share. This approach has been used elsewhere, but it is new to Australian trade practices law. Overzealous adherence to such guidelines might prove harmful for the economy as a whole while it is in the process of recovering from recession.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1993
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Changes to the Trade Practices Act
Article Abstract:
Penalties under the current Trade Practices Act are inadequate and legislation will be introduced before Parliament which will substantially increase them, especially at the level of corporations. Merger law will also be changed by requiring pre-notification of mergers over a certain size and a number of important factors will be taken into account in determining whether a merger substantially lessens competition. A significant change is the announcement of a provision prohibiting unconscionable conduct.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1992
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The access regime gets a good "going over." (third party access, restrictive trade practices) (Australia)
Article Abstract:
The Australian National Competition Council appeared to be too focused on competitors rather than the competition process as described in the Trade Practices Act 1974 in several of its 1997 decisions. The act defines six criteria to be met by applicants for access to services, but the Council has denied access even where all criteria are met. The Council appears to have been influenced by the opportunities competitors have to gain access in other relevant markets.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
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