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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


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Misuse of Market Power: Rationale and Reform


ISBN13: 9781316636138
Published: August 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £19.99
Hardback edition , ISBN13 9781107184763



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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 Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017.

Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.

Subjects:
Other Jurisdictions , Australia
Contents:
1. Introduction
2. Unilateral conduct laws: origins, objectives and theory
3. The history and objectives of unilateral conduct legislation in Australia
4. A comparative analysis of profit-focused tests for unilateral anticompetitive conduct
5. A comparative analysis of effects-based tests for unilateral anticompetitive conduct
6. The role of purpose in unilateral conduct standards.