Associate Professor Julie Clarke

Visitor, 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

Julie Clarke, 'International Merger Policy: Applying Domestic Law to International Markets', Edward Elgar Publishing (April 2014)

Philip Clarke, Stephen Corones and Julie Clarke, Competition Law and Policy - Cases and Materials, OUP, 3rd edn, 2011

Julie Clarke and Barbora Jedličková 'Australia' in Pierre Kobel, Pranvera Këllezi and Bruce Kilpatrick (eds) Antitrust in Pharmaceutical Markets & Geographical Rules of Origin, LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, Springer Publishing (June 2017) ch 2 (ISBN 978-3-319-55812-7)

Barbora Jedličková, Julie Clarke and Sitesh Bhojani, 'Australia' in Bruce Kilpatrick, Pierre Kobel and Pranvera Këllezi (eds) Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights, LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, Springer Publishing (2016) pp 43-76

Julie Clarke, 'Current Issues in Merger Law' in John Duns, Brendan Sweeney and Arlen Duke (eds) Comparative Competition Law, Research Handbooks in Comparative Law, Edward Elgar (November 2015)

Barbora Jedličková and Julie Clarke, 'Australia' in Pierre Kobel, Pranvera Këllezi and Bruce Kilpatrick (eds) Antitrust in the Groceries Sector & Liability Issues in Relation to Corporate Social Responsibility, LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, Springer Publishing (2015)

Caron Beaton-Wells and Julie Clarke, ‘Deterrent Penalties for Corporate Colluders: Lifting the Bar’ (2018) 37(1) University of Queensland Law Journal 107-125

Julie Clarke, 'The Full Federal Court Dismisses the Pfizer Appeal' (2018) 26(3) Australian Journal of Competition and Consumer Law 213

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

Caron 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)

Recommendations by @CaronBW and @competitionlaw for effective penalty guidelines for breach competition law rules in Australia. Quite relevant at the time when @OECD calls for stronger enforcement #in the memory of@laura_guttuso pic.twitter.com/Y7x8xzxgkP

— Swarnim Shrivastava (@SwarnimLawyer) March 29, 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

The International Regulation of Transnational Mergers (PhD Thesis, Qld UT, 2010)

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

Submission to Senate Standing Committee on Economics Inquiry into the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 (6 January 2017)

Submission to Competition Policy Review 2014-2015 (Harper Review) on Draft Report (see on Review website) (November 2014)

Submission to Senate Inquiry into Trade Practices Amendment (Material Lessening of Competition - Richmond Amendment) Bill 2009 (see Inquiry home page)

Submission on Government Discussion Paper: Creeping Acquisitions - The Way Forward, 11 June 2009 (see Treasury web site)

Submission on Government Discussion Paper: Creeping Acquisitions, 10 October 2008 (see Treasury web site)

Submission relating to the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (Exposure Draft Bill - see Treasury web site) 29 February 2008

Julie Brebner, Submission to the Trade Practices Act Review (Dawson Committee), July 2002 (link to TPA Review site).
Submission on merger regime

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

'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

Cartels (Melbourne Law Masters) (2017, 2018, 2019)

Institutions (Melbourne Law Masters) (2018, 2019)

Research Project (Melbourne Law Masters) (2018, 2019)

Obligations (Melbourne JD) (2019)

Contracts (Melbourne JD) (2019)

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)

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)