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Competition Law Reading Room

Software Developer Policies: Economics and s 46 of the Competition and Consumer Act 2010

Michael D'Rosario, Andrew Torre, Danuta Mendelson, Lynden Griggs
(2011) 21(1) Journal of Law and Information Science 37; [2011] JLawInfoSci 4

 

Abstract

This article considers the impact of developer policies that hinder or restrict cross platform application development. We suggest that policies that hinder or restrict cross platform development have the potential to erode competition within the market for smartphones. The article also considers the relevance of dominance measures in software markets, arguing that conventional economic approaches may not be applicable. Furthermore, while most monitoring activities tend to focus primarily on protection of consumers, the article points out that modern electronic/information technology markets are multi-sided and there is a need for monitoring of practices designed to attract and retain the favour of developers. While the article is written in the context and application of the applicable Australian legislation, this being s 46 of the Competition and Consumer Act 2010 (Cth), our findings are equally relevant to other jurisdictions.

 

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