Competition Law Economics | Overview

For more reading on competition law economics see the main reading room.

Useful books for lawyers on competition law economics include:

• Roger D Blair and D Daniel Sokol (eds), The Oxford Handbook of International Antitrust Economics, OUP, 2015 (Volumes 1 and 2)
• Gunnar Niels, Helen Jenkins, James Kavanagh, Economics for Competition Lawyers, OUP 2011
• Maureen Brunt, Economic Essays on Australian and New Zealand Competition Law, Kluwer Law International, The Hague (2003)

The following articles are focussed predominantly on economic issues, such as market definition, market power and substantial lessening of competition; many other papers also discuss economic issues - see the main reading room for more resources.

Market definition

Rhonda L Smith, 'Market definition and substitution options' (2014) 22(2) Competition and Consumer Law Journal 105

Alex Sundakov, 'Economic(s) Matters - What is the magic of market definition?' (2014) 22 AJCCL 162

Stephen Corones, 'Market Definition in the age of the internet' (2010) 38 Australian Business Law Review 309

Justice Greenwood, ‘Recent Developments in Market Definition’, 2010 Competition Law Conference, Sydney, 29 May 2010

Rhonda Smith, 'Market definition: Going, going, gone? Developments in the United States' (2010) 18 Competition and Consumer Law Journal 119

Daniel Clarry, 'Contemporary approaches to market definition: Taking account of international markets in Australian competition law' (2009) 37 Australian Business Law Review 143

T Leuner, 'Time and the dimensions of substitutability' (2008) 36 ABLR 327

Brenda Marshall, 'Mechanics of market definition' (2007) 13(2) The National Legal Eagle

Beaton-Wells, Proof of Antitrust Markets in Australia, Federation Press (2003)

Rhonda L Smith and David K Round, 'When is a Market a Market?' (2003) 31 ABLR 412

Lynden Griggs, 'A Teleological Approach To Market Definition - Has It Led To Single Product Market Definition?' [2002] UNDAULawRw 4; (2002) 4 The University of Notre Dame Australia Law Review 77

Martin Algie & Brian Kewley (1998) Competition Law Market Definition in Practice (First published John Libby & Co 1997)
Internet publication by the Publication Trust, 2008
(available online; includes useful comprehensive analysis of cases and compreensive bibliography)

David Brewster, 'Market Definition and Substitutability - Australian Courts Continue to Struggle with Part IV of the Trade Practices Act 1974 (Cth)' (1996) 12 QUTLJ 246-263

George Hay, 'Market definition and market dominance: issues from the Davids/QIW case' (1995) 3 Competition & Consumer Law Journal 1.

Megan Richardson and Philip Williams (eds), The Law and the Market (1995) Federation Press

Maureen Brunt, 'Market Definition Issues in Australian and New Zealand Trade Practices Litigation' (1990) 18 Australian Business Law Review 86-128

Market power and barriers to entry

Ben Morawetz, 'Mobility barriers and market power - determining the extent of entry or expansion under Australian law' (2013) 20 Competition & Consumer Law Journal 213

Paulina Fishman, 'Australian competition law still trips over barriers to entry' (2013) 21(2) Australian Journal of Competition and Consumer Law 98-108

George Hay, 'Market power in Australian antitrust: an American perspective' (1994) 1 Competition & Consumer Law Journal 215

George Hay, 'Market definition and market dominance: issues from the Davids/QIW case' (1995) 3 Competition & Consumer Law Journal 1.

Substantial lessening of competition

Peter Armitage, 'The evolution of the substantial lessening of competition test – a review of case law' (2016) 44 Australian Business Law Review 74

John Kench, 'Substantial Lessening of Competition' (Competition Law Conference, Sydney, 21 May 2016)

Economic evidence

Cento Veljanovski, Economists in Court: A Comparative Assessment of Procedures and Experience in Australia and England & Wales from an Economist's Perspective (December 7, 2009) (Working Paper)

Justice French, 'Expert testimony, opinion argument and the rules of evidence' (FCA) [2008] FedJSchol 4

Justice Middleton, 'Expert Economic Evidence' (FCA) [2007] FedJSchol 21

Caron Beaton-Wells, ‘Customer testimony and other evidence in Australian antitrust assessments - searching for the oracle’ (2005) 33(6) ABLR 451 [ see also [2005] UMelbLRS 2]

Justice Robert French, 'The role of the Court in competition law' (FCA) [2005] FedJSchol 4

Greg Houston (Director, NERA), 'The Role of Quantitative Analysis In Competition Assessments (Federal Court/Law Council of Australia Seminar on Competition Law) (March 2005)

J Blunt, R Shafron and B Keneally, 'From Arnotts to QIW - a study of expert evidence in trade practices cases' (1994) 1 Competition & Consumer Law Journal 181

Justice R S French, 'Judicial Approaches to Economic Analysis in Australia' (1994) 9 Review of Industrial Organization 547-568

K Yeung, 'The court-room economist in Australian antitrust litigation: an underutilised resource?' (1992) 20 Australian Business Law Review 461

Economics generally

R Smith and J Walker, 'Part IIIA Efficiency and Functional Markets' (1998) 5 Competition & Consumer Law Journal 183

John Creedy and Robert Dixon, 'The Distributional Effects of Monopoly', The University of Melbourne, Department of Economics, Research Paper Number 576, July 1997

Robert Dixon, 'Empirical Estimates of the Social Cost of Monopoly: A Brief Survey', The University of Melbourne, Department of Economics, Research Paper Number 490, November 1995