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.

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Title Section 46: where we have been and where we are going: a review of the recent debate
Author(s) Brock, Margaret
Keneley, MonicaORCID iD for Keneley, Monica
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
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
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