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The Internationalisation of Competition Rules
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. A critical issue is whether some form of international rule-making is required, or whether soft law solutions are sufficient. Competition rules may be required to combat the damage done by global cartels and to diffuse the tensions created when more than one nation seeks to regulate the same conduct. Competition rules may also be required to protect the integrity of the world trading system. International rule-making, however, presents its own problems, not the least of which is a concern with protecting national sovereignty.
Discretion and Public Benefit in a Regulatory Agency
This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator s use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators...a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging--on both empirical and normative policy oriented grounds--a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations.
Regulation in Asia
Covering a wide variety of Asian countries, this book explores the complex economic and regulatory factors that generate social demand for state regulation and shows how local networks, courts, democratic processes and civil society have a huge influence on regulatory systems.
Life Lessons for Lawyers
This book draws on the author’s professional experience and published works in the areas of leadership, philosophy, psychology and management (amongst others) to discuss the ‘softer’ qualities of being a good lawyer – qualities which are not taught or widely documented, such as humility, confidence, personal relationships and our dreams and vision. The book demonstrates that we can be individuals within the law and outlines qualities that can both enrich our work and our souls. A theme throughout many of the chapters is to encourage us to think and act differently to what we may have been taught, what others expect or what we ourselves believe. To know that regardless of our strength...
Towering Judges
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Good Faith Obligation
This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm’s length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.
Competition Law in ASEAN
This book provides an unparalleled comprehensive treatment of the competition laws of the ASEAN member states. Taking a unique thematic approach, the book covers the ASEAN approach to anti-competitive agreements, abuse of dominance, mergers and combinations, exemptions, investigations, enforcement, remedies and appeals. The book also describes the role and functions of ASEAN competition institutions. Drawing on legislation, case law, guidelines and practice notes from within ASEAN and from other jurisdictions, including Australia, the EU, the UK and the USA, the book offers a holistic description and analysis of the competition laws of the ASEAN member states, considering not only their scop...
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