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Section 46:where we have been and where we are going: a review of the recent debate
journal contribution
posted on 2005-06-01, 00:00 authored by Margaret Brock, Monica KeneleyMonica KeneleyTwo recent reviews of Part IV of the Trade Practices Act (Commonwealth) (1974) have looked specifically at the operation of Section 46 of this Act and have come to very different conclusions concerning its efficacy. The Dawson review (2003) argued that no change to S 46 was required as the courts were providing sufficient guidance in the application of the legislation in this respect. The Senate Committee review (2004) came to different conclusions arguing that the Act needed clarification in regard to certain sections. These reports highlight the controversy that has surrounded this section of the Trade Practices Act for the past thirty years. The aim of this paper is to consider these reviews and evaluate the extent to which the High Court has been able to provide guidance in the application of legislation that prohibits the misuse of market power.
History
Journal
Economic papersVolume
24Issue
2Pagination
175 - 193Publisher
Economic Society of AustraliaLocation
Sydney, N.S.W.ISSN
0812-0439eISSN
1759-3441Language
engPublication classification
C1 Refereed article in a scholarly journalCopyright notice
2005, Economic Society of AustraliaUsage metrics
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