Authorisation, Remedies and Proceedures

Share:

Listens: 0

Competition Law with Dr Julie Clarke

Education


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.