Wednesday, December 26, 2007
Posted by D. Daniel Sokol
Can the Australian competition policy regime learn lessons from its US counterpart? So think Natasha Blycha of Monash University and John Duns of Monash University's Faculty of Law in their work Tying, Bundling, Loyalty Rebates and Exclusive Dealing in US Antitrust: What Can Australia Learn?
ABSTRACT: Despite the fact that non-price vertical restraints are part of everyday commercial life, Australian courts have had few occasions on which to assess their anti-competitiveness. Relevant US antitrust jurisprudence is, by contrast, far richer. Two Australian reform bodies have recommended that the non-price vertical restraint provisions of the Australian legislation be amended, which would bring the Australian provisions more into line with those in the United States. Whatever the fate of these reforms, US law will inevitably influence Australian developments. Accordingly, the object of this article is to analyse US jurisprudence on non-price vertical restraints in order to determine what it has to offer Australian law.