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Australian Competition Law: Expert Profiles

Professor Warren Pengilley RFD, AM (dec.)

7/11/1938 - 11/12/2018

Relevant qualifications and honours


Doctor of Science, Newcastle University
(for original research and writing on competition and consumer protection law and policy)

Doctor of Jurisprudence Degree
Vanderbilt University, USA

Bachelor of Arts (1960)
University of Sydney

Bachelor of Laws (1963)
University of Sydney

Master of Commerce


Member of the Order of Australia 'For service to the law as a practitioner, regulator, academic and commentator in the areas of trade practices and franchising.'

Centenary Medal 'For devotion to the law, the enhancement of education and promoting international understanding'

Reserve Force Decoration (long service award)

Convocation Medal for Professional Excellence (University of Newcastle, 2002)


Relevant work history and committee involvement

Image of briefcaseAcademic positions

University of Newcastle

Professor Emeritus (since 2004)

Foundation Professor of Commercial Law (1993-2004)

Visiting and adjunct positions

Visiting Overseas Fellow, Canterbury University, New Zealand (1984 and 2005; Erskine Fellow, 2004)

Visiting Professor of Law, Sheffield University UK (1996)

Adjunct Professor, University of Technology Sydney (1993)

Visiting Overseas Fellow, Wharton Business School, University of Pennsylvania USA (1983)


Member, Australian Law Teachers Association (1993-2004)

Legal practice and regulation

Trade Practices Commission (now ACCC)

Foundation Commissioner (1975-1982)


Special Counsel (1993-2007)
Trade Practices Managing Partner (1983-1993)

Law Reform and advisory

Honorary Consultant, Australian Law Reform Commission (1994)

Honorary Consultant, Victorian Law Reform Commission (1991)

Foundation Member, NSW Government Legal Profession Advisory Council (1994-2006)


Trade Practices Committee, Law Council of Australia (Member (since 1982))

Chairman, Ethics Committee, Australian Credit Union (1995-2006)

Mediation and concilliation

Mediator, Supreme Court of NSW (1994-2004)

Mediator, District Court of NSW (until 2004)

Advanced Mediator, Lawyers Engaged in Alternative Dispute Resolution (since 1995)

Mediator, Australian Commercial Disputes Centre (since 1990)

National Conciliator, Australian Computer Reservation System (since 1992)

Law Societies

The Law Society of New South Wales

Life Member (since 2005)

Member, Mediation Panel

Member (since 1960s)

ACT Law Society

Councillor and Secretary (1980-1982)

Secretary (1978-1980)

Northern Medico-Legal Society

Secretary (1974-1975)

North and West Law Society

Secretary (1966-1968)

Fellowships and related

Fellow, Australian Society of Chartered Practising Accountants (1990); Member (since 1968)

Fellow, Australian Institute of Company Directors

Associate Fellow, Australian Institute of Management (1983-2004)

Honorary Fellow, Corporate Directors Association of Australia (since 1999)

Member, Newcastle Business Club (since 1993)

President, Tamworth and District Chamber of Commerce (1970-1972)


Competition law publications (select)

Image of bookOverview

The description of Prof Pengilley's publications when awarded membership in the General Division of the Order of Australia (2009) was as follows:

Author of 20 books, mainly on trade practices and franchising, extensive number of publications, 150 refereed articles; over 300 academic articles in Australia, USA, Canada, New Zealand and UK, various papers at national and international conferences.


Warren Pengilley, Price fixing and exclusionary provisions (Prospect Media, 2001) (ISBN 1863161635)

Warren Pengilley, Local government and the Trade Practices Act: do some traditionally held views need re-evaluation? (Blackstone Press, 1991) (ISBN 1875114173)

Warren Pengilley, Australian Merger Policy (Centre for Legal Information and Publications, 1984) (ISBN 0864266421)

Warren Pengilley, Trade associations, fairness and competition (Monash Studies in Law, Law Book Co, 1981) (ISBN 0455200866)

Journal articles and notes

Nick McHugh and Warren Pengilley, ‘Lessons From the Visy Case' [2008] 60(1) Keeping Good Companies 36-38

Warren Pengilley, ‘The Lessons From Visy' (2008) 23(9) Australia and New Zealand Trade Practices Bulletin 134

Warren Pengilley, 'Resale price maintenance: An overview of the per se ban in light of recent court observations' (2008) 16 Competition and Consumer Law Journal 1-45 (includes an extensive bibliography of RPM articles and books)

Alan Moran and Warren Pengilley, Regulation of Infrastructure: Its Development and Effects (Institute of Public Affairs 2007)

Warren Pengilley, 'The man from Mars would have done better: A commentary ont he declaration and arbitration provisions of the Access refime under Part IIIA of the Trade Practices Act' (2007) 7(1) QUTLJJ 29

Warren Pengilley, 'What is required to prove a 'contract, arrangement or understanding'?' (2006) 13 Competition and Consumer Law Journal 241

Warren Pengilley, 'Misuse of market power in Australai: Are the tests now those of fairness, efficiency or business justification?' (2001) 8 Canterbury Law Review 70

Warren Pengilley, 'Hilmer and 'Essential Facilities' [1994] UNSWLawJl 2; (1994) 17(1) University of New South Wales Law Journal 1

Warren Pengilley, 'Antitrust law verus intellectual property law: where is the interface?' (1989) 4 Cantebury Law Review 103

Warren Pengilley, 'The exclusionary provisions of the New Zealand Commerce Act in light of United States decisions and Australian experience' (1988) 3 Cantebury Law Review 358

Warren Pengilley, 'Section 45 of the Trade Practices Act - the Law and Administration to Date' [1977] FedLawRw 2; (1977) 8(1) Federal Law Review 15


Price fixing agreements: a study of the economic legal and administrative objectives of control of horizontal pricing agreements with an evaluation of the politics and control of such agreements in Australia (Department of Commerce, University of Newcastle, Thesis (M.Comm), 1973)


Editor, Australian and New Zealand Trade Practices Bulletin (1984-2003)

Consulting Author, Australian Trade Practices Reporter (since 1983)

Member, Editorial Board, The Competition and Consumer Law Bulletin (since 1994)

Pacific Editor, Consumer Law Journal (Belgium) (since 1996)

Member, Editorial Board, The Antitrust Bulletin (NY) (since 1974)

Editor, Journal of Reprints of Law and Economics (NY) (1979-2000)


Trade Practices, Television Education Network (1985-1996)

More forthcoming


Submissions to inquiries (select)



Professor Pengilley passed away on 11 December 2018.

View obituary
7/11/1938 - 11/12/2018