Term 1 Lecture 1.


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COURSE THEMES


Competition Law – Definition.

'Modern competition law can be viewed as a basic system of rules which are designed as far as possible to allow markets to function properly. It is designed to prohibit abuses of market power, whether by an individual firm or by a group of firms acting collectively, but otherwise to allow markets to operate unhindered.'

Scherer and Ross (1990) Industrial Market Structure and Economic Performance.

Origins

'Antitrust in this modern form is a North American invention.' (Scherer and Ross).

'Strains of American antitrust can be discerned, in varying measure, in competition policies of nearly every nation.' (Ahdar, 1991, American Antitrust in New Zealand, Antitrust Bulletin, 36(1)).

Probably Even More True Today

Competition Policy Objectives.

The role of economics in competition policy.

'Competition law is about economics and economic behaviour, and it is essential for anyone involved in the subject – whether as a lawyer, regulator, civil servant or in any other capacity – to have some knowledge of the economics concerned.' Whish, (2001, Competition Law, 4th ed.).

In Practice Other Objectives Matter Also

Competition is unfair.

'Competition by its nature is deliberate and ruthless. Competitors jockey for sales, the more effective competitors injuring the less effective by taking sales away. Competitors almost always try to ‘injure' each other in this way... these injuries are the inevitable result of the competition section 46 [of the Australian Trade Practices Act] is designed to foster'.

Queensland Wire Industries Pty. Ltd. v. The Broken Hill Proprietary Company Limited, [1989] ATPR 20-925.

How Much Does Economics Really Matter

Role of Economist as Expert

Don't Lecture

'With the greatest respect to Mr. Fingleton…the argument reads like the theory of economics. It is quite correct that in theory if one does something that has a restrictive effect there will be an implication, but in a court case there must be evidence.' Judge Brennan in Drogheda district court dismissing charges of engaging in an agreement that had the effect of preventing, restricting or distorting competition in summary prosecution brought by Competition Authority against several farmers.


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