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.
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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|Item Type:||Journal Article|
|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 05:27|
|Last Modified:||29 Feb 2012 13:02|
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