The Ongoing Australian Struggle with Misuse of Market Power

Competition law has always struggled with unilateral conduct ― whether called monopolization, abuse of dominance or misuse of market power ― because there is no bright line distinction between pro-competitive conduct and exclusionary conduct that harms the competitive process. Australia is no exception. As Australian lawmakers move to a new policy approach for assessing misuse of market power, this article traces its history, compares the Australian approach with that of other countries and concludes that, although not perfect, the new approach represents good public policy