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General / Thematic: Business and Human Rights: The Limits of the Law

Regulating Supermarkets: The Competition for Space


Christopher Arup, Caron Beaton-Wells and Jo Paul-Taylor

The purpose of this article is to evaluate the case for a proposed competition policy law reform. If implemented, the reform would roll back land-use planning regulation, so that supermarket businesses have greater freedom to regulate privately where and with what format they site their stores. With planning regulation reduced, the check on this greater freedom to site will be competition regulation; this regulation should also be light touch. Competition policy continues to insist that we shall be better off if public regulation defers to the market and private regulation.

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(2017) 40(3) UNSWLJ 1035: