Section 46:where we have been and where we are going: a review of the recent debate Brock, Margaret and Keneley, Monica 2005, Section 46:where we have been and where we are going: a review of the recent debate, Economic papers, vol. 24, no. 2, pp. 175-193. Attached Files Name Description MIMEType Size Downloads Title Section 46:where we have been and where we are going: a review of the recent debate Author(s) Brock, Margaret Keneley, Monica orcid.org/0000-0002-2569-4948 Journal name Economic papers Volume number 24 Issue number 2 Start page 175 End page 193 Publisher Economic Society of Australia Place of publication Sydney, N.S.W. Publication date 2005-06 ISSN 0812-0439 1759-3441 Keyword(s) trade practices legislation section 46 misuse of market power Summary Two recent reviews of Part IV of the Trade Practices Act (Commonwealth) (1974) have looked specifically at the operation of Section 46 of this Act and have come to very different conclusions concerning its efficacy. The Dawson review (2003) argued that no change to S 46 was required as the courts were providing sufficient guidance in the application of the legislation in this respect. The Senate Committee review (2004) came to different conclusions arguing that the Act needed clarification in regard to certain sections. These reports highlight the controversy that has surrounded this section of the Trade Practices Act for the past thirty years. The aim of this paper is to consider these reviews and evaluate the extent to which the High Court has been able to provide guidance in the application of legislation that prohibits the misuse of market power. Language eng Field of Research 140209 Industry Economics and Industrial Organisation HERDC Research category C1 Refereed article in a scholarly journal Copyright notice ©2005, Economic Society of Australia Persistent URL http://hdl.handle.net/10536/DRO/DU:30002901 Document type: Journal Article Collection: Law Related Links Link Description Connected to published version (restricted access) Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Sat, 17 Jun 2017, 20:56:10 EST Fri, 13 Jun 2014, 22:52:01 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 632 Abstract Views, 0 File Downloads  -  Detailed Statistics Created: Mon, 07 Jul 2008, 08:37:38 EST

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