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http://ssrn.com/abstract=1420389
 
 

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The Need to Close the 'Take Advantage' Gap in the Regulation of Unilateral Anti-Competitive Conduct


Arlen Duke


Melbourne Law School

June 16, 2009

Competition and Consumer Law Journal, Vol 15, No, 3, 2008
U of Melbourne Legal Studies Research Paper No. 406

Abstract:     
This article proposes that s 46 of the Trade Practices Act be amended so that a firm 'takes advantage' of its market power not only where that power gives the firm the ability to engage in anti-competitive conduct but also where it gives the firm the motivation to do so. Amending the provision in this manner would close a gap that currently exists in the regulation of unilateral anti-competitive conduct that allows firms with market power to protect or strengthen that power by engaging in conduct they would have the ability to engage in even if they did not possess market power.

Number of Pages in PDF File: 19

Keywords: anti-competitive conduct, Trade Practices Act

JEL Classification: K00, K19, K21

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Date posted: June 17, 2009  

Suggested Citation

Duke, Arlen, The Need to Close the 'Take Advantage' Gap in the Regulation of Unilateral Anti-Competitive Conduct (June 16, 2009). Competition and Consumer Law Journal, Vol 15, No, 3, 2008; U of Melbourne Legal Studies Research Paper No. 406. Available at SSRN: http://ssrn.com/abstract=1420389

Contact Information

Arlen Duke (Contact Author)
Melbourne Law School ( email )
Victoria, 3010
Australia
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