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Australian Competition Law: Expert Profiles

Julie Clarke ImageAssociate Professor Julie Clarke

Associate Professor in Competition Law, Melbourne Law School

 

Relevant qualifications

  • Doctor of Phiiosophy, Queensland University of Technology (2010)
    Thesis entitled 'The International Regulation of Transnational Mergers'
  • Master of Arts in Economics for Competition Law, King's College, London (2016)
  • Postgraduate Diploma in Economics for Competition Law, King's College, London (2015)
  • Bachelor of Laws (Hons) Deakin (1998)
  • Bachelor of Arts (Politics Major) Deakin (1997)
  • Australian Lawyer (since 2001)

 

Relevant work history

  • Image of briefcase2017 - : Associate Professor in Competition Law, Melbourne Law School
  • 2014 - 2017: Associate Professor, Deakin Law School, Geelong
  • 2014 - 2016: Director, Deakin JD program
  • 2011 - 2014: Associate Head of School (Teaching and Learning), Deakin University, School of Law, Geelong
  • 2012: Interim Head of School, Deakin University
  • 2011 - 2013: Senior Lecturer, Deakin University, Geelong
  • 2003 - 2010: Lecturer, Deakin University, Geelong
  • 2001 - 2002: Associate Lecturer, Deakin University, Geelong
  • 2000 - 2001: Articled Clerk, Minter Ellison, Melbourne (competition law group)
  • 1999: Research Officer, Court of Appeal, Melbourne
  • 1996-1999: Research Assistant, Deakin University, Geelong.

 

Visitor positions

  • Image of planeVisitor, Centre for Competition Policy, University of East Anglia, Norwich
    14 November 2016 - 3 March 2017
  • Visitor, Melbourne Law School (Competition Law and Economics Network)
    11 March 2013 - 4 May 2013 and 5 November 2012 - 23 November 2012
  • Visiting Fellow, Institute of Advanced Legal Studies, London (University of London)
    28 November 2012 - 4 March 2013

 

Competition law publications

Books

Book chapters

Articles, working papers and notes

Caron Beaton-Wells and Julie Clarke, 'Corporate Financial Penalties for Cartel Conduct in Australia: A Critique' (Working Paper, 26 March 2018, available at SSRN)

Julie Clarke, ‘Section 46: its purpose and the proposed new effects test’ (2017) 45(5) Australian Business Law Review 364-386

Julie Clarke, ‘The Opinion of AG Wahl in the lntel rebates case: A triumph of substance over form?'’ (2017) 40 World Competition Law and Economics Review 421-270

The Federal Court of Australia rules against submissions on agreed penalties (Fair Work Building Industry Inspectorate / Construction, Forestry, Mining and Energy Union), e-Competitions Bulletin June 2015, Art. N° 73596

The Australian Competition and Consumer Commission grants first resale price maintenance authorisation to a power tools manufacturer (Tooltechnics), 5 December 2014, e-Competitions Bulletin March 2015, Art. N° 72020

The Federal Court of Australia finds no breach of legislation in air cargo cartel case on ground that it did not involve a ‘market in Australia' (Air New Zealand), 31 October 2014, e-Competitions Bulletin October 2014, Art. N° 70608

Australian Competition Tribunal grants first direct merger authorisation (Macquarie Generation, AGL Energy) (18 September 2014, e-Competitions (N° 68908, www.concurrences.com))

Philip Clarke and Julie Clarke, ‘Resale Price: Australian Experience and Perspectives’ (CPI Antitrust Chronicle, October 2013)

Julie Clarke, 'The Australian Competition and Consumer Commission releases new authorisation guidelines' (12 September 2013, e-Competitions)

Julie Clarke, 'The Federal Court of Australia hands down its first decision involving a bid rigging case after the entry into force of new cartel laws (Norcast v Braken)' (6 May 2013, e-Competitions) (download PDF document)

Julie Clarke, 'The Australian Competition Tribunal ‘undeclares' third party access for rail lines company applying ‘private profitability' test to 44H(4)(b) (The Pilbara Infrastructure Pty)' (8 February 2013, e-Competitions, N°51089, www.concurrences.com) [download PDF]

Julie Clarke, 'Fortune Telling: Australian Competition Law in 2013' (CPI Antitrust Chronical, 15 January 2013)

Julie Clarke, ‘The increasing criminalization of economic law – a competition law perspective’ (2011) 19(1) Journal of Financial Crime 76-98

Julie Clarke, 'Running a Cartel? Go Directly to Jail' (May 2010) Law Institute Journal 52

Julie Clarke, 'Australia's Radical Predatory Pricing Reforms: What business must know'
(2009) 1(2) Competition Law Reports 86-92 (India)

Julie Clarke, 'Australia's Radical Predatory Pricing Reforms: What business must know' (2008) 1 Deakin Business Review 6

Julie Clarke, ‘Multi-jurisdictional merger review procedures: a better way’ (2006) 14 Trade Practices Law Journal 90-109

Julie Clarke, Criminal Penalties for Contraventions of Part IV of the Trade Practices Act (2005) 10 Deakin Law Review 141

Julie Clarke, 'The Dawson Report and Merger Regulation' (2003) 8(2) Deakin Law Review 245

Julie Clarke and Mirko Bagaric, 'The Desirability of Criminal Penalties for Breaches of Part IV of the Trade Practices Act' (2003) 31 Australian Business Law Review 192-209

Julie Brebner, ‘The Relevance of Import Competition to Merger Assessment in Australia’ (2002) 10(2) CCLJ 119-143

Julie Brebner, 'Resale Price Maintenance - The Need for Further Reform' (2001) 9 Trade Practices Law Journal 18

Conference papers and seminars

Image of podiumCaron Beaton-Wells and Julie Clarke, 'Corporate financial penalties for cartel conduct in Australia: A critique' (Competition Law and Economics Discussion Group, Melbourne Law School, 28 March 2018)

Caron Beaton-Wells and Julie Clarke, 'Corporate financial penalties for cartel conduct in Australia: A critique' (Cartels, Optimal Enforcement and Theories in Competition Law Symposium, TC Beirne School of Law, Brisbane, 27 March 2018)

Julie Clarke, 'A ‘more economic approach’ to unilateral conduct laws in Australia', Research Seminar, Centre for Competition Policy, University of East Anglia, Norwich, Friday 9 January 2016

The Challenge of International Merger Regulation, Institute of Advanced Legal Studies, London (27 Feb 2013)

International and comparative merger law; is there a need for greater convergence?', UQ Law Research Seminar Series, 7 September 2012, Brisbane (Podcast)

Julie Clarke, The increasing criminalization of economic law – a competition law perspective, Workshop paper presented at 28th International Symposium on Economic Crime 2010, Jesus College, University of Cambridge, 9 September 2010

Trade Practices Update, 30 October 2009 (CLE Seminar, Deakin University)

Trade Practices Update, Deakin University Faculty of Business and Law, Business Breakfast, Geelong, 15 October 2008

Proposed Changes to Merger Regulation in Australia, Paper presented at Australasian Law Teachers' Association Annual Conference 2003, Novotel Hotel, Brisbane, 7 July 2003

Thesis

 

Book reviews/comments

Julie Clarke, Comments on Blog Symposium - Criminalising Cartels: Critical Studies of an International Regulatory Movement, Antitrust and Competition Policy Blog, 17 May 2011.

Julie Clarke, 'Book Review: Australian Cartel Regulation: Law, Policy and Practice in an International Context by Caron Beaton-Wells and Brent Fisse' (2011) 18(3) Competition and Consumer Law Journal 299

 

Submissions to competition law inquiries/reviews

 

Competition law media, commentary and edited blogs

Caron Beaton-Wells and Julie Clarke, 'Why are corporate penalties for cartels so low in Australia?' (Pursuit, 26 March 2018)

News icon'Flight Centre: Australian High Court finds agent competed with principal and breached cartel laws' (Centre for Competition Policy Blog, 9 January 2017)

'Why it's time to scrap price signalling laws', The Conversation, 24 September 2014

'Trust the Market – why regulation won't stop carbon tax gouging', The Conversation, 18 July 2011

Farmers milked dry (article by Olivia Fens, 2 April 2011, featured in the News Mail (page 8), Gympie Times (page 34), Northern Star (page 8), Toowoomba Chronicle (page 26), Daily News (page 17), Fraser Coast Chronicle (p 22), Daily Mercury (p 10), Queensland Times (p 47) and Gladstone Observer (p 22). See also 'Milk war is not all beer and skittles' (article by Olivia Fens, 2 April 2011, Sunshine Coast Daily, page 42

The World Today with Peter Cave, Radio Interview with Ashley Hall, Monday 29 June 2009 at 12.52pm
(ACCC action against Cabcharge – pre-recorded)

'Review Misses Bill's Key Points', Australian Financial Review, Tuesday 21 April 2009, p 63 (opinion piece)

Suppresion of bank payments festers for eBay, The Sheet (article by Jason Bryce, 8 July 2008)

Australia the Testing Ground for eBay, The Sheet (article by Jason Bryce, 20 May 2008)

eBay's PayPal plan sparks user revolt, Courier Mail (article by Jason Bryce, 18 May 2008)

Media release, Radical predatory pricing reforms pose risk to discounters,19 September 2007

Media release, Trade practices reforms short change small business, 2 July 2007

 

Other

Teaching

Teacher iconCartels (Melbourne Law Masters) (2017, 2018)

Institutions (Melbourne Law Masters) (2018)

Research Project (Melbourne Law Masters) (2018)

Competition Law and Policy (Deakin LLB) (2004, 2006-2016)

Competition Law and International Business (Deakin masters) (2001-2003)

Competition Law and Policy (Deakin masters) (2004)

Professional affiliations

American Bar Association 
(member of Antitrust section and Business law section)

International League of Competition Law
(national reporter with Barbora Jedlicková)

Institute of Competition Law (Concurrences)
(contributing author)

Law Council of Australia
(member, Competition and Consumer Committee)
(member, Business Law Section)