Australian Competition Law 5th ed

Australia Title

Australian Competition Law provides an engaging and authoritative treatment of Australian competition law and is an ideal text for both practitioners and students. The clear explanations of complex concepts foster a sound understanding of the legal principles and their economic underpinnings. It includes a chapter on how to understand competition law cases, to help develop skill in area-specific case analysis. The discussion focuses on the contemporary situation and recent developments, but also explains the historical context.

The fully revised new edition covers recent developments in case law, policy and legislation, including:

• developments arising from the 2023–2025 Treasury Competition Policy Review
• potential reform of non-compete (restraint of trade) clauses
• the completely new regime for the regulation of potentially anticompetitive mergers and acquisitions anticipated from 2026 and initiated by the Treasury Laws Amendment Bill 2024: Acquisitions (Cth)
• the decision in J Hutchinson Pty Ltd v ACCC (2024) 302 FCR 79 (FCAFC) concerning anticompetitive arrangements or understandings (High Court appeal pending)
• the Competition Tribunal decision in Applications by Australia and New Zealand Banking Group Ltd and Suncorp Group Ltd [2024] ACompT 1 overturning the ACCC’s decision not to authorise ANZ’s acquisition of Suncorp Bank

Features

• Written in a lucid, accessible style with frequent examples and questions
• Discusses contemporary situation, upcoming developments and historical context to encourage critical thinking about the law and options for reform
• Includes chapter objectives and summaries to promote understanding and retention of content
• Provides a chapter on analysis of competition law cases to develop skill in area-specific case analysis

table of content

1. The Development of Competition Law
2. Common Law Restraint of Trade Doctrine
3. Market Definition
4. Market Power and Substantial Lessening of Competition
5. Understanding Competition Law Cases
6. Application of the Competition and Consumer Act 2010 (Cth)
7. Cartels and Anti-competitive Arrangements and Concerted Practices
8. Misuse of Market Power
9. Exclusive Dealing
10. Resale Price Maintenance
11. Anticompetitive Mergers & Acquisitions: Pre-amendment Regime
12. Anticompetitive Mergers & Acquisitions: 2026 Regime
13. Authorisation and Notification
14. Access Regimes
15. Public Enforcement: Policies and Procedures of the Australian Competition and Consumer Commission
16. Public Enforcement: Orders and Remedies Available to the Australian Competition and Consumer Commission
17. Private Actions and Remedies