Section 46: The High Court, Dawson and The Senate: A Review of the Recent Debate
AbstractTwo recent reviews of Part IV of the Trade Practices Act (Cth) (1974) have looked specifically at the operation of Section 46 of this Act and come to very different conclusions concerning its efficacy. The Dawson review (2003) argued that no change to s46 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 contrasting conclusions arguing that the Act needed clarification in regard to certain sections. These reports highlight the controversy which 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 which prohibits the misuse of market power.
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Bibliographic InfoPaper provided by Deakin University, Faculty of Business and Law, School of Accounting, Economics and Finance in its series Economics Series with number 2004_18.
Length: 20 pages
Date of creation: 26 Oct 2004
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Trade practices legislation; Section 46; Misuse of market power;
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- Carmen Fernandez & Gary Koop & Mark F.J. Steel, 2002.
"Multiple-Output Production With Undesirable Outputs: An Application to Nitrogen Surplus in Agriculture,"
0201001, EconWPA, revised 06 Jan 2002.
- Fernandez C. & Koop G. & Steel M.F.J., 2002. "Multiple-Output Production With Undesirable Outputs: An Application to Nitrogen Surplus in Agriculture," Journal of the American Statistical Association, American Statistical Association, vol. 97, pages 432-442, June.
- Carmen Fernandez & Gary Koop & Mark F J Steel, 2004. "Multiple-output production with undesirable output: An application to nitrogen surplus in agriculture," ESE Discussion Papers 34, Edinburgh School of Economics, University of Edinburgh.
- Tim Coelli & Ludwig Lauwers & Guido Huylenbroeck, 2007. "Environmental efficiency measurement and the materials balance condition," Journal of Productivity Analysis, Springer, vol. 28(1), pages 3-12, October.
- Frank M. Gollop & Gregory P. Swinand, 1998. "From Total Factor to Total Resource Productivity: An Application to Agriculture," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 80(3), pages 577-583.
- Ball, V. Eldon & Lovell, C.A. Knox & Luu, H. & Nehring, Richard F., 2004. "Incorporating Environmental Impacts in the Measurement of Agricultural Productivity Growth," Journal of Agricultural and Resource Economics, Western Agricultural Economics Association, vol. 29(03), December.
- Meyer-Aurich, Andreas, 2005. "Economic and environmental analysis of sustainable farming practices - a Bavarian case study," Agricultural Systems, Elsevier, vol. 86(2), pages 190-206, November.
- Fare, Rolf, et al, 1989. "Multilateral Productivity Comparisons When Some Outputs Are Undesirable: A Nonparametric Approach," The Review of Economics and Statistics, MIT Press, vol. 71(1), pages 90-98, February.
- Lansink, Alfons Oude & Reinhard, Stijn, 2004. "Investigating technical efficiency and potential technological change in Dutch pig farming," Agricultural Systems, Elsevier, vol. 79(3), pages 353-367, March.
- Kwon, Oh Sang & Lee, Hyunok, 2004. "Productivity improvement in Korean rice farming: parametric and non-parametric analysis," Australian Journal of Agricultural and Resource Economics, Australian Agricultural and Resource Economics Society, vol. 48(2), June.
- Robert D. Weaver, 1998. "Measuring Productivity of Environmentally Interactive Technologies: The Case of Agriculture and the Environment," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 80(3), pages 595-599.
- Robert K. Kaufmann & Seth E. Snell, 1997. "A Biophysical Model of Corn Yield: Integrating Climatic and Social Determinants," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 79(1), pages 178-190.
- Reinhard, Stijn & Knox Lovell, C. A. & Thijssen, Geert J., 2000. "Environmental efficiency with multiple environmentally detrimental variables; estimated with SFA and DEA," European Journal of Operational Research, Elsevier, vol. 121(2), pages 287-303, March.
- Pittman, Russell W, 1983. "Multilateral Productivity Comparisons with Undesirable Outputs," Economic Journal, Royal Economic Society, vol. 93(372), pages 883-91, December.
- Stijn Reinhard & C.A. Knox Lovell & Geert Thijssen, 1999. "Econometric Estimation of Technical and Environmental Efficiency: An Application to Dutch Dairy Farms," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 81(1), pages 44-60.
- Carol Newman & Alan Matthews, 2007. "Evaluating the Productivity Performance of Agricultural Enterprises in Ireland using a Multiple Output Distance Function Approach," Journal of Agricultural Economics, Wiley Blackwell, vol. 58(1), pages 128-151, 02.
- Ewert, Frank & van Ittersum, Martin K. & Bezlepkina, Irina V. & Oude Lansink, Alfons G.J.M. & Andersen, Erling & Brouwer, Floor M. & Flichman, Guillermo & Heckelei, Thomas & Alkan Olsson, Johanna & Ol, 2006. "Methodological concepts for integrated assessment of agricultural and environmental policies in SEAMLESS-IF," Reports 57465, SEAMLESS: System for Environmental and Agricultural Modelling, Linking European Science and Society.
- Udo Ebert & Heinz Welsch, 2007. "Environmental Emissions and Production Economics: Implications of the Materials Balance," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 89(2), pages 287-293.
- Drechsler, Martin & Watzold, Frank, 2007. "Ecological-economic modelling for the sustainable use and conservation of biodiversity," Ecological Economics, Elsevier, vol. 62(2), pages 203-206, April.
- Just, Richard E & Antle, John M, 1990. "Interactions between Agricultural and Environmental Policies: A Conceptual Framework," American Economic Review, American Economic Association, vol. 80(2), pages 197-202, May.
- Skop, E. & Schou, J. S., 1999. "Modeling the effects of agricultural production. An integrated economic and environmental analysis using farm account statistics and GIS," Ecological Economics, Elsevier, vol. 29(3), pages 427-442, June.
- Loren W. Tauer, 1998. "Productivity of New York Dairy Farms Measured by Nonparametric Malmquist Indices," Journal of Agricultural Economics, Wiley Blackwell, vol. 49(2), pages 234-249.
- Fare, Rolf & Shawna Grosskopf & Mary Norris & Zhongyang Zhang, 1994. "Productivity Growth, Technical Progress, and Efficiency Change in Industrialized Countries," American Economic Review, American Economic Association, vol. 84(1), pages 66-83, March.
- Tisdell, Clement A., 2005. "Sustainable Agriculture," Economics, Ecology and Environment Working Papers 55063, University of Queensland, School of Economics.
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