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General / Thematic: The Individual Judge

‘The Big Chill’? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power


Katharine Kemp

In March 2016, the Prime Minister made the controversial announcement that the Cabinet would move to amend the prohibition of misuse of market power in section 46(1) of the Competition and Consumer Act 2010 (Cth) (‘CCA’) to incorporate an ‘effects test’, consistent with the recommendations of the Competition Policy Review Panel (‘Harper Panel’).[1]

Please access a pdf of the full article using the link to the left.

(2017) 40(2) UNSWLJ 493:

  1. ‘Joint Press Conference with the Treasurer and Minister for Small Business and Assistant Treasurer’ (Transcript, 16 March 2016) <>.