Kajrozga at 02:28, 23 January 2009

2009-01-23T02:28:40Z

← Older revision		Revision as of 02:28, 23 January 2009
Line 114:		Line 114:
	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| An explanatory memo prohibits limiting access to supplies on the market under §46.<ref>Trade Practice Commission, ''Misuse of Market Power – Section 46 of the Trade Practices Act – A Background Paper'' ~~§ g~~, 253 (Feb. 1990).</ref>		\| An explanatory memo prohibits limiting access to supplies on the market under §46.<ref>Trade Practice Commission, ''Misuse of Market Power – Section 46 of the Trade Practices Act – A Background Paper'' §g, 253 (Feb. 1990).</ref>

	\|-		\|-
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| §48 prohibits resale price maintenance		\| §48 prohibits resale price maintenance.

	\|-		\|-

AchalOza at 04:21, 8 October 2007

2007-10-08T04:21:09Z

← Older revision		Revision as of 04:21, 8 October 2007
Line 1:		Line 1:
	'''Score = 26'''		'''Score = 25'''

	''Governed by:'' The Trade Practices Act of 1974<ref>This act was amended in 2006, though the effects of the amendments are not included here.</ref> (hereinafter referred to as “Trade Act”).		''Governed by:'' The Trade Practices Act of 1974<ref>This act was amended in 2006, though the effects of the amendments are not included here.</ref> (hereinafter referred to as “Trade Act”).

AchalOza: New page: '''Score = 26''' ''Governed by:'' The Trade Practices Act of 1974This act was amended in 2006, though the effects of the amendments are not included here. (hereinafter referred...

2007-06-21T22:34:23Z

New page: '''Score = 26''' ''Governed by:'' The Trade Practices Act of 1974<ref>This act was amended in 2006, though the effects of the amendments are not included here.</ref> (hereinafter referred...

New page

'''Score = 26'''

''Governed by:'' The Trade Practices Act of 1974<ref>This act was amended in 2006, though the effects of the amendments are not included here.</ref> (hereinafter referred to as “Trade Act”).
<ref>Australian Government Attorney General’s Department website, http://scaleplus.law.gov.au/html/pasteact/0/115/top.htm </ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| §5(1) extends scope to conduct outside Australia

|- class="categorydivision"
| Remedies
| Fines
| 1
| The Act imposes fines and imprisonment for violations.

|-
|
| Prison Sentences
| 1
| The Act imposes fines and imprisonment for violations.

|-
|
| Divestitures
| 1
| §81 says that an injured party can request the Commission dissolve a company formed by a merger that restricts competition.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Part IV says that 3rd parties can bring private actions under the Trade Act.

|-
|
| Remedies Available to 3rd Parties
| 1
| §80 says that 3rd parties can request injunctions, damages, or divestitures.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Part IV gives 3rd parties rights to participate in the proceedings.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 1
| The Merger Guidelines allow merging companies to obtain clearance from the Commission that is not legally binding or the Commission can enjoin or divest a merger if they see fit.<ref>Australian Competition and Consumer Commission, ''Merger Guidelines'', (June 1999).</ref>

|-
|
| Mandatory
| 0
|

|-
|
| Pre-merger
| 2
| This clearance can be obtained at any time before the merger is completed.<ref>''Id.''</ref>

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §50(3) lists the resultant level of market concentration as a factor in merger assessment.

|-
|
| Restriction of Competition
| 1
| §50(1) prohibits mergers that substantially lessen competition.

|-
|
| Public Interest (Pro D)
| 1
| Mergers can be cleared by the Commission if their public benefits outweigh the restrictions on competition.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| §50(3) lists the effect on the dynamic characteristics of the market including growth and innovation as factors in merger assessment.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| An explanatory memo prohibits limiting access to supplies on the market under §46.<ref>Trade Practice Commission, ''Misuse of Market Power – Section 46 of the Trade Practices Act – A Background Paper'' § g, 253 (Feb. 1990).</ref>

|-
|
| Abusive Acts
| 1
| §46 prohibits the use and abuse of market dominance.

|-
|
| Price Setting
| 1
| An explanatory memo on §46 shows that price setting is illegal.<ref>''Id.''</ref>

|-
|
| Discriminatory Pricing
| 1
| An explanatory memo on §46 shows that discriminatory pricing is illegal.<ref>''Id.''</ref>

|-
|
| Resale Price Maintenance
| 1
| §48 prohibits resale price maintenance

|-
|
| Obstacles to Entry
| 1
| §46 prohibits actions that prevent entry into the market.

|-
|
| Efficiency Defense
| 1
| §90 allows a defense when the benefits to the public outweigh the effects on competition.

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| §45A(1) prohibits price fixing.

|-
|
| Tying
| 1
| §47 prohibits tying

|-
|
| Market Division
| 1
| §45 prohibits market division.

|-
|
| Output Restraint
| 1
| §45 prohibits output restraint.

|-
|
| Market Sharing
| 1
| §45 prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| §45(2) prohibits agreements or understandings that have the purpose of reducing competition

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| §45 prohibits bid-rigging

|-
|
| Supply Refusal
| 1
| Group boycotts are prohibited under §45.

|-
|
| Efficiency Defense
| 1
| §90 allows a defense when the benefits to the public outweigh the effects on competition.

|}

== References ==
<references />

Australia (1974) - Revision history

Kajrozga at 02:28, 23 January 2009

AchalOza at 04:21, 8 October 2007

AchalOza: New page: '''Score = 26''' ''Governed by:'' The Trade Practices Act of 1974This act was amended in 2006, though the effects of the amendments are not included here. (hereinafter referred...