Australia's Radical Predatory Pricing Reforms: What Business Must Know

Competition Law Reports, Vol. 1, Part 2, April-June 2009 (India)

Deakin Business Review, Vol. 1, Issue 1, March 2008

8 Pages Posted: 9 Aug 2009

Date Written: August 7, 2009

Abstract

Radical changes to the Trade Practices Act have the potential to affect significantly the ability of businesses to engage in vigorous price competition. These changes are designed to prohibit what is colloquially referred to as predatory pricing; the practice of a firm temporarily reducing its prices to a level designed to eliminate its competitors so that, free of competition, it can thereafter lift them to supra-competitive levels. Unfortunately, because of its scope and the ambiguous new concepts it employs, the section has the potential to apply to all forms of vigorous price competition and creates significant risks for those businesses who seek to compete with their rivals by systematically, or irregularly, selling at lower prices than they do. This note examines the section’s nature and scope and identifies the pitfalls that it presents for such firms.

Keywords: Predatory pricing, Trade Practices Act

JEL Classification: K21

Suggested Citation

Clarke, Julie N, Australia's Radical Predatory Pricing Reforms: What Business Must Know (August 7, 2009). Competition Law Reports, Vol. 1, Part 2, April-June 2009 (India); Deakin Business Review, Vol. 1, Issue 1, March 2008. Available at SSRN: https://ssrn.com/abstract=1445229

Julie N Clarke (Contact Author)

Melbourne Law School ( email )

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

HOME PAGE: http://law.unimelb.edu.au/about/staff/julie-clarke

Register to save articles to
your library

Register

Paper statistics

Downloads
132
Abstract Views
650
rank
220,129
PlumX Metrics