Section 46(1) and 46(1AA) of the TPA : the struggle of the small against the large
Corones, Stephen G. (2009) Section 46(1) and 46(1AA) of the TPA : the struggle of the small against the large. Australian Business Law Review, 37(2), pp. 110-123.
The purpose of this article is to highlight the conflict in the policy objectives of subs 46(1) and subs 46(1AA) of the Trade Practices Act 1974 (Cth) (TPA). The policy objective of subs 46(1) is to promote competition and efficient markets for the benefit of consumers (consumer welfare standard). It does not prohibit corporations with substantial market power using cost savings arising from efficiencies such economies of scale or scope, to undercut small business competitors The policy objective of 46(1AA), on the other hand, is to protect small business operators from price discounting by their larger competitors.. Unlike subs 46(1), it does not contain a ‘taking advantage’ element. It is argued that subs 46(1AA) may harm consumer welfare by having a chilling effect on price competition if this would harm small business competitors.
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|Item Type:||Journal Article|
|Keywords:||small business competitors, Section 46 Trade Practices Act 1974(Cth), consumer welfare, market power, small business operators|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
|Copyright Owner:||Copyright 2009 Lawbook Company/Thomson Reuters (Australia/NZ)|
|Deposited On:||03 Mar 2010 08:19|
|Last Modified:||01 Mar 2012 00:06|
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