Recent Selected Publications and Speeches
Members of the Competition Law & Economics Network produce a substantial number and range of publications each year. A selection of their most recent publications is below. Further details of each Member's publications are available from their individual profiles.
Books
C Beaton-Wells and B Fisse, Australian Cartel Regulation: Law, Policy and Practice in an International Context, Cambridge University Press, 2011
C Beaton-Wells and A Ezrachi (eds), Criminalising Cartels: Critical Studies of an International Regulatory Movement, Hart Publishing, 2011
J Duns and A Duke, Competition Law: Cases and Materials, Butterworths, 2011 (3rd ed)
J Gans, S King and N Mankiw, Principles of Microeconomics, 4th Pacific Rim Edition, Thomson, Melbourne, 2008
M Gal, Competition Policy for Small Economies, 2003, Harvard University Press
D Geradin and E Elhauge, Global Competition Law & Economics, 2007, Hart Publishing
M Jacobs, Questions and Answers: Antitrust Law, 2008, Lexis
M Jacobs, The Law and American Health Care, (2001-2006 and electronic editions)
R Miller, Miller's Annotated Trade Practices Act (Thomson, 32nd edition 2011)
R Miller, Miller's Australian Competition Law and Policy (Thomson 2008).
Book chapters
C Beaton-Wells, ‘Australia's Criminalisation of Cartels: Will It Be Contagious?' in More Common Ground for Competition Law?, Academic Society for Competition Law Series, Edward Elgar, Cheltenham, UK, 2011
D Geradin, ‘Judicial Remedies Under EC Competition Law: Complex Issues Arising from the Modernization Process' in International Antitrust Law & Policy, Fordham Corporate Law, 2005
M Jacobs, 'An Outsider's Perspective on 25 Years of Australian Competition Law', in Twenty Five Years of Australian Competition Law, Butterworths, Reed International, 1999
M Jacobs and X Zhang, 'The IP/Competition Law Intersection under China's Anti-Monopoly Law' in ASEAN Competition Law, Hart: LexisNexis, 2011
C Parker, ‘Criminal Cartel Sanctions and Compliance: The Gap between Rhetoric and Reality' in C Beaton-Wells and A Ezrachi (eds) Criminalising Cartels: Critical Studies of an International Regulatory Movement, 2011, Hart Publishing
C Beaton-Well, 'Cartel Criminalisation and the Australian Competition and Consumer Commission - Opportunities and Challenges', in C Beaton-Wells and A Ezrachi, Criminalising Cartels: Critical Studies of an International Regulatory Movement, Hart Publishing, 2011
Journal articles
C Beaton-Wells and B Fisse, 'The Competition and Consumer Amendment Bill (No 1) (Exposure Draft) - A Problematic Attempt to Prohibit Price Signalling' (2011) 39(1) Australian Business Law Review 28
C Beaton-Wells and B Fisse, ‘Broadening the Definition of Collusion: A Call for Caution' (2010) 38(1) Federal Law Review 71
C Beaton-Wells and F Haines, ‘Making Cartel Conduct Criminal: A Case-Study of Ambiguity in Controlling Business Behaviour' (2009) 42(2) Australian and New Zealand Journal of Criminology 218
C de Fontenay and J Gans, 'Can Vertical Integration by a Monopsonist Harm Consumer Welfare?' (2004) 22(6) International Journal of Industrial Organization 821
C de Fontenay and J Gans, ‘A Bargaining Perspective on Strategic Outsourcing and Supply Competition' 29(8) (2008) Strategic Management Journal 819
A Duke, 'Representations as to the future under the proposed Australian consumer law' (2009) 33 Melbourne University Law Review 454-482.
A Duke and M. Richardson, 'Music markets and bad actors in copyright and competition law' (2008) 16 Competition & Consumer Law Journal 203-219.
A Duke, ‘Broadening the Extraterritorial Reach of Australia's Cartel Prohibition: Adopting the ‘Effects' Doctrine without the Negative Effects' (2010) 38(1) Federal Law Review 97.
N Erkal and N Nikiforakis, 'Relative Earnings and Giving in a Real-Effort Experiment' American Economic Review, (forthcoming)
N Erkal and C Deck, 'An Experimental Analysis of Dynamic Incentives to Share Knowledge' Economic Inquiry, (forthcoming)
N Erkal and D Piccinin, 'Welfare-Reducing Mergers in Differentiated Oligopolies with Free Entry' (2010) 86(273) Economic Record 178
N Erkal and D Piccinin, Cooperative R&D under Uncertainty with Free Entry' (2010) 28(1) International Journal of Industrial Organization 74
J Gans, 'Remedies for Tying in Computer Applications' International Journal of Industrial Organization, 2011 (forthcoming)
J Gans, ‘When is Static Analysis a Sufficient Proxy for Dynamic Considerations? Reconsidering Antitrust and Innovation' (2010) Innovation Policy and the Economy 11
J Gans, D Carlton and M Waldman, 'Why Tie a Product Consumers Do Not Use' (2010) 2(3) American Economic Journal: Microeconomics 85-105
J Gans and S Athey, 'The Impact of Targeting on Advertising Markets and Media Competition' (2010) 100(2) Economic Review Papers and Proceedings 608
J Gans, C De Fontenay and V Groves, 'Exclusivity, Competition and the Irrelevance of Internal Investment' (2010) 28(4) International Journal of Industrial Organization 336
J Gans, ‘Concentration-Based Merger Tests and Vertical Market Structure'(2007) 50(4) Journal of Law and Economics 661
D Geradin, ‘The Perils of Antitrust Proliferation: The Globalization of Antitrust and the Risks of Overregulation of Competitive Behavior' (2009) 10 Chicago Journal of International Law 189.
G Hay, ‘Facilitating Practices', in Collins (ed), Issues in Competition Law and Policy, 2008, ABA
A Harpham, D Robertson and P Williams, ‘The Competition Law Analysis of Collaborative Structures' (2006) 34 Australian Business Law Review 399
M Jacobs and A Devlin, 'Joint Venture Analysis After American Needle' (2011) Journal of Competition Law and Economics
M Jacobs and A Devlin, 'Antitrust Error' (2010) 52 William and Mary Law Review 75
M Jacobs and A Devlin, 'Antitrust Divergence and the Limits of Economics' (2010) 104 Northwestern University Law Review 253
M Jacobs, 'Recent Developments in Merger Enforcement and Policy under China's New Anti-Monopoly Law (2009) 47 Antitrust & Unfair Competition Law 5
M Jacobs and A Devlin, ‘The Riddle Underlying Refusal-to-Deal Theory' (2010) Nw. U. L. Rev. (forthcoming)
A Merrett and R Smith, 'Auctions, Exclusive Contracts and Competition for the Market' (2007) 3 European Competition Journal 163
A Merrett, G Hay and R Smith, 'Predatory Buying" the Weyhaueser decision and its implications for Australia' (2007) 15 Competition and Consumer Journal 199
A Merrett and R Smith, 'To Buy or not to Buy: Economic and Legal Reflections on Buyer Power' (2006) 14 Competition and Consumer Law Journal 100
A Merrett, 'Quantitative analysis again up in lights' (2005) 13 Trade Practices Law Journal 90
A Merrett, 'The Court speaks for itself: what Australia decisions say about assessing market power for the purposes of s46 fo the TPA' (2004) 11 Competition and Consumer Law Journal 330
A Merrett, 'The Intersection Between International Trade and Competition Policy: As Illustrated by an Australian/American Free Trade Agreement' (2003) 15 Bond University Law Review
N Norman, ‘The Contribution of Australian Economists: The Record and the Barriers (2007) 2(1) Economic Papers 1
C Parker and V. Lehmann Nielsen, 'Corporate compliance systems: Could they make any difference?' (2009) 41 Administration and Society 3-37.
C Parker and V. Lehmann Nielsen, 'Is anyone out there listening?' (2009) 17 Trade Practices Law Journal 106-122.
C Parker and V. Lehmann Nielsen, 'The challenge of empirical research on business compliance in regulatory capitalism' (2009) 5 Annual Review of Law and Social Science 45-70.
V Lehmann Nielsen and C. Parker, 'To what extent do third parties influence business compliance?' (2008) 35 Journal of Law and Society 309-340.
C Parker and V. Lehmann Nielsen, 'How much does it hurt? How Australian businesses think about the costs and gains of compliance and noncompliance with the Trade Practices Act' (2008) 32 Melbourne University Law Review 554-608.
M Sharpe and C Parker, 'A bang or a whimper? The impact of ACCC unconscionable conduct enforcement' (2007) 15 Trade Practices Law Journal 139-162.
C Parker and V Nielsen, 'What do Australian businesses think of the ACCC, and does it really matter?' (2007) 35 Federal Law Review 187-239.
C Parker and V Nielsen, 'Do Businesses Take Compliance Systems Seriously? An Empirical Study of the Implementation of Trade Practices Compliance Systems in Australia' (2006) 30 Melbourne University Law Review 441-494.
C Parker, 'The "Compliance" Trap: The Moral Message in Responsive Regulatory Enforcement' (2006) 40 Law & Society Review 591-622.
J Paterson, ‘Qualifying the Exercise of Discretionary Contractual Power' (2009) 35 Monash Law Review 45
J Paterson, ‘The Elements of the Prohibition on Unfair Contract Terms' (2009) 37 Australian Business Law Review 184
R Smith, A. Duke and D. Round, 'Signalling, collusion and s 45 of the Trade Practices Act' (2009) 17 Competition & Consumer Law Journal 22-42.
R Smith, ‘Temporal considerations and entry' (2009) 17(2) Competition & Consumer Law Journal 176
R Smith and G Hay, '"Why Can't a Woman Be More Like a Man?" American and Australian Approaches to Exclusionary Conduct' (2008) 31(3) Melbourne University Law Review 1099
Working papers
S Athey and J. Gans, ‘The Impact of Targeting Technology on Advertising Markets and Media Competition' (2009)
C de Fontenay, J Gans, and V Groves ‘Exclusivity, Competition, and the Irrelevance of External Investments' (2009)
N Erkal and D Piccinin, "Welfare-Reducing Mergers in Differentiated Oligopolies with Free Entry" (2009)
Government submissions
C Beaton-Wells and B Fisse, Submission, 'Cartel Criminalisation', 31 March 2010, New Zealand Ministry of Economic Development
C Beaton-Wells and B Fisse, Submission, 'The meaning of 'understanding' in the Trade Practices Act, 31 March 2009
C Beaton-Wells and B Fisse, Submission, 'The Competition and Consumer Amendment Bill (No 1) 2011 (Exposure Draft), 14 January 2011, Treasury
R Smith, A Duke and D Round, Submission, Exposure Draft of Competition and Consumer Amendment Bill (No 1) 2011, January 2011, Treasury
Recent Speeches
C Beaton-Wells and D Round, 'Cartel Criminisation and the Competition Authority', Annual Socio-Legal Association Conference, Sussex, 12-14 April 2011
C Beaton-Wells, 'Cartel Criminalisation" A Survey of the Australian Public, Presentation to the Asian Competition Law & Economics Centre Research Seminar, 4 December 2010
C Beaton-Wells, 'Cartel Criminalisation: A Survey of the Australian Public, Presentation to the Australian Competition and Consumer Commission, 1 December 2010
C Beaton-Wells, 'Cartel Criminalisation as Cultural Change', Presentation to International Competition Network, Cartels Workshop, 5 October 2010, Yokohama, Japan
C Beaton-Wells, 'Cartel Criminalisation: Findings of a Survey of Public Opinion in Australia, Presentation at Law Council of Australia Trade Practices Workshop, 20-22 August, Queensland (with Chris Platania-Phung)
G Hay, 'Detecting and Proving Cartel Activities' GCR's Antitrust Leaders' Forum, February 2011
G Hay, 'Developments under Section 2: Refusals to Deal and Price Squeezes', NYS Bar Association Annual Meetings, January 2011
G Hay, 'An Economist's View of Dagher and American Needle' NYS Bar Association Antitrust Section Forum, November 2010
G Hay, Various Panel Discussions, Twelfth Annual Sedona Conference on Antitrust Law and Litigation, October 2010
G Hay, 'Inferring Collusion: The Facilitating Practices Approach', Law Council of Australia Trade Practices Workshop, Queensland, Australia, August 2010
N Norman and R Smith, ‘Dysfunctional Market Definition’, Oxford Global Business Conference, June 2010