Facebook Pixel
Competition Law with Dr Julie Clarke

Authorisation, Remedies and Proceedures

Julie demonstrates the capabilities of authorisation, remedies and procedures. There are a number of authorities which are connected to the trade practices Act including: 1. ACCC: enforces the Acts, 2. Tribunal: Limited adjudicative role, 3. CDPP: Criminal cartel prosecution, limited role involved, 4. Courts: Decide on contraventions in most cases, 5. Individuals: Can institute proceedings, Authorisation: Is now accessible for nearly all forms of AC conduct. There remain two different tests including: 1. CAU'S, SLC, cartel conduct and the elite dealings (expect third party line-forcing), the conduct must benefit to the public, 2. For boycotts, mergers and third- line forcing, the conduct perused must result in such a benefit that it should be allowed to exist. Public Benefit: Has a wide interpretation. ACMA Case: Definition 'anything of value to the community generally'. Efficiencies: These remain the most common claim for mergers and help to enhance economic efficiency. Officer and Williams argue that the definition comprises benefit to any person.

Competition Law with Dr Julie Clarke
Not playing