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

Competition and Consumer Law Journal, Vol 15, No, 3, 2008

U of Melbourne Legal Studies Research Paper No. 406

19 Pages Posted: 17 Jun 2009  

Arlen Duke

Melbourne Law School

Date Written: June 16, 2009

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.

Keywords: anti-competitive conduct, Trade Practices Act

JEL Classification: K00, K19, K21

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: https://ssrn.com/abstract=1420389

Arlen Duke (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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