Developing Australia’s Competition Law: The Federal Court’s Contribution

Abstract

Parliaments introduce competition laws and governments establish bodies to oversee and enforce them, but it is the courts that determine whether competition laws will make a positive contribution to economic welfare or not. The part played by courts is fundamental. This article explains how the Federal Court of Australia managed that task in the early days of Australian’s modern competition law. This article derives from a presentation by the author at the Australian National University’s Federal Court of Australia – 40th Anniversary Conference 2017.

Keywords: Competition; role of courts; Australia

JEL Classification: K21; K41; N37