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Section 46 of the Trade Practices Act : Boral, the Dawson Committee and the protection of small business

Corones, Stephen G. (2003) Section 46 of the Trade Practices Act : Boral, the Dawson Committee and the protection of small business. Australian Business Law Review, 31(3), pp. 210-226.

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Abstract

There is still a widespread view that s 46 of the Trade Practices Act has as its policy objective the promotion of fair competition and equal opportunity for small business competitors. While this may have been the original intention of Parliament, s 46 has been construed by the High Court to protect competition for the benefit of consumers, rather than small business competitors. This article examines the two approaches to the construction of s 46. It also examines the principal submissions to the Dawson Review Committee, and the Committee’s recommendations in relation to s 46.

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ID Code: 18830
Item Type: Journal Article
ISSN: 0310-1053
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2003 Thomson Legal and Regulatory
Deposited On: 17 Mar 2009 15:27
Last Modified: 29 Feb 2012 23:02

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