Landrigan, Mitchell --- "Great(er) Expectations" [2003] UNSWLawJl 18; (2003) 26(1) UNSW Law Journal 276
[*] Group Regulatory Manager, Telstra Corporation Limited and Lecturer (part-time), Faculty of Law, University of Technology Sydney. The views expressed in this paper are those of the author and are not necessarily those of Telstra. The author thanks Henry Ergas and Jill Walker for their insights into various aspects of the Dawson Review and for their helpful comments on an earlier draft. Any errors in this article are the responsibility of the author and not the reviewers.
[1] Committee of Inquiry for the Review of the Trade Practices Act, Parliament of Australia, Review of the Competition Provisions of the Trade Practices Act (2003) (the ‘Dawson Review’).
[2] The Commonwealth Treasurer, Peter Costello, referred to the Dawson Committee Review as ‘the first substantial review of Australia’s competition laws since the Hilmer process.’ See Peter Costello, Press Conference (23 April 2003) <http://www.treasurer.gov.au/tsr/content/transcripts/2003/024.asp> at 14 July 2003.
[3] ABC, ‘Being Allan Fels’ Australian Story, 2 September 2002.
[4] Dawson Review, above n 1, 135.
[5] Ibid.
[6] Ibid.
[7] See Henry Ergas, ‘Doubts about Dawson’ (Paper presented at the Trade Practices Workshop, Sydney, 17 May 2003).
[8] Dawson Review, above n 1, 81 (emphasis added).
[9] Ibid.
[10] Ibid.
[12] [2003] HCA 5; (2003) 195 ALR 609.
[13] Part XIB comprises an effects-based market conduct test, under which the ACCC is not necessarily required to prove any relevant anti-competitive purpose to substantiate a claim of a misuse of market power.
[14] Dawson Review, above n 1, 82.
[15] Ibid.