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Competition Law Reading Room

The Trade Practices Legislation Amendment Act 2008 (Cth) and s 46 of the Trade Practices Act 1974 (Cth) - will anything really change?

Justice John Middleton
Twentieth Annual Workshop of the Competition Law and Policy Institute of New Zealand, 8 August 2009
Published in [2009] Federal Judicial Scholarship 12

 

Abstract/summary

Discusses changes brought about by the Trade Practices Legislation Amendment Act 2008 (Cth)

Justice Middleton concludes that s 26 will 'provide useful guidance for further development of competition law', but that ultimately in each case the 'court must consider the legitimacy of the alleged conduct' and this will 'always require a careful and detailed consideration of the evidence and economic concepts' which is 'unaffected by any statutory invervention or revamp of s 46.

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