Annex A

ANNEX A: Terms of Reference
NATIONAL COMPETITION POLICY REVIEW
Paul John Keating, Prime Minister of the Commonwealth of Australia, having regard to the agreement between myself and the Premiers of the States of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia and the Chief Ministers of the Australian Capital Territory and the Northern Territory that national competition policy and law
I,

should give effect to the following principles:

(a) no participant in the market should be able to engage in anticompetitive conduct against the public interest;
(b)

as far as possible, universal and uniformly applied rules of

market conduct should apply to all market participants
regardless of the form of business ownership;
(c)

conduct with anti-competitive potential said to be in the

public interest should be assessed by an appropriate
transparent assessment process, with provision for review, to demonstrate the nature and incidence of the public costs
and benefits claimed;
(d)

any changes to the coverage or nature of competition policy should be consistent with, and support, the general thrust of reforms:
(i)

to develop an open, integrated domestic market for
goods and services by removing unnecessary barriers to trade and competition; and

(ii)

in recognition of the increasingly national operation of
administrative duplication;

markets, to reduce complexity and eliminate

appoint Professor Fred Hilmer to Chair the Committee of
Review of the Application of the Trade Practices Act 1974, and

Mr Geoff Taperell and Mr Mark Rayner as the other two
Committee members.
361

Annex A —Terms of Reference

2.

The Committee is to inquire into, and advise on appropriate
changes to legislation and other measures in relation to:

(a) whether the scope of the Trade Practices Act 2974 should be expanded to deal effectively with anti-competitive conduct

of persons or enterprises in areas of business currently
outside the scope of the Ad;
(b)

alternative means for addressing market behaviour and
structure currently outside the scope of the Trade Practices
Act 1974; and

(c)

other matters directly related to the application of the
principles above.

3.

In conducting the review the Committee should consider, against

the background of the nature of markets in Australia and
influences upon them:

(a) whether the authorisation and exemption provisions of the
Trade Practices Act 1974 have sufficient scope, flexibility and transparency;
(b)

the need for, and approaches to, the transition of
government regulatory arrangements — including any
associated revenue impact on States — to more competitive and nationally consistent structures;

(c)

the best structure for regulation including price regulation, in support of:
(i)

pro-competitive conduct by government business and trading enterprises and in areas currently outside the
scope of the Trade Practices Act 1974; and

(ii)

the interests of consumers and users of goods and
services; and

(d)

the past and present justification for the current exemptions from application of the Trade Practices Act.

362

Annex A — Terms of Reference
4.

In performing its functions, the Committee is to:
(a) take into account:
(i)

the principles stated in paragraphs 1(a) to (d) inclusive;

(ii)

legislation other than the Trade Practices Act and other

arrangements that affect market behaviour and
structure; and

(iii) the fad that some government, business and trading enterprises may operate in industries having aspects,
including pricing, of natural monopoly; and

(iv) current moves to reform government trading
enterprises; and
(v) overseas experience.
(b)
-

take written submissions; and

(c)

consult interested parties wnere

and

5.

The Committee is to report to me by May 1993.t

May 1993 the Prime Minister announced that the Inquiry would be extended until August
1993 to facilitate further consultations with the States and Territories.

363

Annex B

ANNEX B: List of Submissions
1

Jatco (Australia) Pty Ltd *

2

Law Reform Commission of Victoria

3

MrAGrieg
Mr W J Rourke, AO

4
5 6

MrPJBoyle
Industry
Gas & Fuel Corporation of Victoria

7
8

DrRAlbon
Mr P R Meatheringham

9

10
11

Australian Dairy Farmers' Federation
Dr W Pengilley

12
13

Australian Council of Professions Law Institute of Victoria
Australasian Dental Technicians' Society — South Australian Branch

14

15 16 17 18
19

Australian Forest Growers

MrAlTonking
Australian Gas Association Professor R Baxt
NSW Public Service Association — Hospital Scientists Branch
Confidential submission.
365

Annex 8— List of Submissions
20

Australian Medical Association
Esso Australia Ltd

21

22 23 24 25 26

Australian Institute of Petroleum
Sydney Public Television Group

AGL Gas Companies
ANZ Bank Ltd

Association of Hospital Pharmacists of Victoria/Medical Scientists Association of Victoria/P Victorian Psychologists Association Caltex Australia Ltd
Unilever Australia Ltd

27 28
29

New Zealand Ministry of Commerce
Shell Australia Ltd

30
31

Australian Federation of Construction Contractors
Public Broadcasting Association of Australia
Victorian Bar Council

32
33 34 35 36

Carlton & United Breweries Ltd

New Zealand Commerce Commission
Spark & Cannon Pty Ltd

37
38 39

United Independent Cinemas Ltd

Professor S Domberger
Australian Mining Industry Council
Confidential submission.
366

*

Annex B — List of Submissions
40

Australian Information Industry Associati on Australian Telecommunications AuthorIty

41

42
43 44 45 46

Coopers & Lybrand Institute of Patent Attorneys of Australia

Teistra Corporation Ltd
Australian United Fresh Fruit & Vegetable Association Ltd
BP Australia Ltd

47
48
49

Victorian Gas Users Group
State Energy Commission of Western Australia

Australian Earthmovers & Road Contractors Federation
Department of Primary Industries• & Energy (Commonwealth)

50
51

Queensland Sugar Corporation (Confidential material
excluded)

52
53 54

United Dairyfarmers of Victoria Australian Dairy Industry Council

Western Australian Regional Port Authorities/Department of Transport (Western Australia)
Fremantle Port Authority
H
.

55
56
57.

Mr R Sutherland

.

Department of Employment, Education & Training (Commonwealth)

58

Department of Transport & Communications (Commonwealth)
Confidential submission 367

Annex B — List of Submissions
59

Metal Trades Industry Association of Australia

60
61

MrPArgy
Department of Finance (Commonwealth)
State Chamber of Commerce & Industry (Queensland)*
Sydney Electricity

62
63 64

MrSStern
Law Council of Australia — Trade Practices Committee

65
66

Australian Legal Reporting Group

67 68
69 70
71

Canegrowers
Real Estate Institute of Australia
Trade Practices Commission Mackay Sugar Co-op Association Ltd *

National Bulk Commodities Group

72
73

Mr M Corrigan
Australian Chamber of Manufactures

74 75
76

Australian Road Transport Federation
A & R Removals

The Treasury (Commonwealth)
Australian Industrial Property Organisation

77
78 79

Qantas Airways Ltd Food Industry Council of Australia
Confidential submission. 368

Annex B — List of Submissions
80

Gas Council of New South Wales

81

Pioneer International Ltd
AMP Society

82
83

Department of the Arts & Administrative Services (Commonwealth)

84

Department of Health, Housing, Local Government & Community Services (Commonwealth)
Hoyts Fox ColumbiaTriStar Films Ny Ltd

85
86

Dr S Corones Optus Communications
National Institute of Accountants
Electricity Supply Association of Australia

87 88
89 90
91

National Farmers' Federation
Northern Territory Government
State Electricity Commission of Victoria
Business Council of Australia
Mr B Akhurst

92
93 94 95 96

Australian Bureau of Agriculture & Resource Economics

Australian Federation of Travel Agents
Prices Surveillance Authority

97
98

South Australian Government
Institute of Chartered Accounts/Australian Society of Certified Practicing Accountants
Confidential submission.

99

'

369

Annex B — List of Submissions

100

Australian Chamber of Commerce and Industry
Department of Industry, Technology & Regional Development

101

(Commonwealth)
102
103 104
105

Aerial Taxi Cabs Co-operative Society Ltd Roadshow Film Distributors Pty Ltd

Queensland Government
Canegrowers
—

Burdekin District

106

Standards Australia
Mr R Copp State Public Services Federation
ACT Government
Mr V Kelly

107
108
109 110
111

Australian Telecommunications Users Group
Pacific Dunlop Ltd

112
113

Australian Council of Trade Unions Australian Taxi Industry Association

114
115

Tasmanian Government
Communications Law Centre

116 117 118

New South Wales Government
Australian Electrical and Electronic Manufacturers' Association Ltd

119
*

MrCASweeney,QC
Confidential submission.
370

Annex B — List of Submissions

120

Matilda Fuel Supplies
National Registries Pty Ltd

121

122
123 124 125 126

Victorian Government
Screen Production Association of Australia

Superair
Auscript

Office of the Economic Planning Advisory Council

127 128
129 130
131

Association of Consulting Engineers Australia Australian Petroleum Exploration Association Ltd

Mr H Ergas
Australian Petroleum Agents and Distributors Association

Australian Consumers' Association
Reserve Bank of Australia
BHP Limited

132
133 134 135 136

Grains Council of Australia

Australian Organisation for Quality
Federal Bureau of Consumer Affairs Chiropractors' Association of Australia Centre for Plain Legal Language

137
138

*

Confidential submission.

371

Bibliography
ACIL Australia Pty Ltd, State Statutory Marketing Arrangements: A Food Processing Industry Perspective (1990).

Administrative Review Council, Administrative Review of Government Business Enterprises (Discussion Paper; AGPS,
1993).

Allan F, A Guide to the Theory and Practice of Commercialisation and Corporatisation in NSW (NSW Treasury, 1992).
Areeda P. "Essential Facilities: An Epithet in Need of Limiting Principles", Antitrust Law Journal (1990) 58. & Hovenkamp H, Antitrust Law (Little, Brown & Co; 1990 Supplement).
Ascher K, The Politics of Privatisation (MacMillan, 1987).

Australian Manufacturing Council, The Challenge of Australia's High Value-Added Manufacturing Exporters (1993).
Baumol W, "Contestable Markets: An Uprising in the Theory of Industry Structure", American Economic Review (March 1982)
72, 1-15.

Baker D 1, "High Court Sheds Light on State Action", National Law Journal (1 February 1993). Beesley M & Littlechild S. 'The Regulation of Privatized Monopolies in the United Kingdom', RAND Journal of Economics (1989) 20. Berry W D, "An Alternative to the Capture Theory of Regulation: The Case of State Public Utility Commissions", American Journal of
Political Science (1984) 28, 524-558.

Bishop M & Kay J, Does Privatisation Work? Lessons from the IlK (Centre for Business Strategy, 1988).

373

Bibliography

Blunt C, Shafron P & Kenneally B, From Arnotts to QIW: A Study of

Expert and Survey Evidence in Trade Practices Cases (Paper presented at the Trade Practices Workshop, presented by the Business Law Section of the Law Council of Australia, Canberra, July 1993).
Bork R H, The Antitrust Paradox: A Policy at War with Itself (Basic
Books, 1978).

Brass 1', "Driving with a Destination: The Need for a National
Vision", Business Council Bulletin (May 1993).

"British Gas — Better Broken Up", The Economist (8 August 1992) at 44.

Bureau of Competition Policy (Canada), Canadian Competition Policy: its interface with Other Economic and Social Policies (Ottawa, 1989).
Bureau of Industry Economics, Government Regulation of Industry: issues for Australia (Occasional Paper 1; ACPS, 1986).
international Performance Indicators — Electricity (Research Report No.40; AGPS, 1992). International Performance Indicators — Rail Freight (Research Report No.41; AGPS, 1992). Recent Developments in the Theory of Economic Growth: Policy Implications (Occasional Paper 11; AGPS, 1992).

Bureau of Transport and Communications Economics, Deregulation of Domestic Aviation — The First Year (Report No.73; AGPS,
1991).

The Pro gress of Aviation Refohn (Report No.81; ACPS, 1993).

Cave M, Recent Developments in the Regulation of Former Nat ionalised industries (Treasury Working Paper No.59; 1991).

374

\

Bibiography
Chetwin M C, "Joint Ventures - A Branch of Partnership Law?", University of Queensland Law Journal (1991) 16, 256.

Clare R & Johnston K, Profitability & Productivity of Government Business Enterprises (EPAC Research Paper No.2; AGPS, 1992).
Financial Performance of Government Business Enterprises: An Update (EPAC Background Paper No.25; AGPS, 1993).

Communique of Premiers & Chief Ministers' Meeting (Adelaide, 2122 November 1991).

Coper M, Freedom of Interstate Trade (Butterworths, 1983).
Corones S C, Competition law and Policy in Australia (Law Book
Co, 1990).

(ed), Competition Policy in Telecommunications and Aviation (Federation Press, 1992).

Crandall R W, After the Breakup — U.S. Telecommunications in a More Competitive Era (Brookings Institution, 1991).
Demsetz H, "Why Regulate Utilities?", Journal of Law and Economics
(1968) 11, 55-65.

"How Many Cheers for Antitrust's 100 Years?", Economic
Inquiry (April 1992) 30, 2, 207-217.

Dennis F C, 'Competition' In the History of Economic Thought (Arno
Press, 1977).

Department of Primary Industries and Energy, A National Strategy for the Natural Gas Industry (Discussion Paper; AGPS, July
1991).

National Electricity Strategy (Discussion Paper; ACPS, May
1992).

375

Bibliography

Department of Transport and Communications, Seminar on Pro-

Competitive Safeguards and Consumer Safeguards in
Telecommunications (12 March 1992).

Derthick M & Quirk P J, The Politics of Deregulation (Brookings Institution, 1985). Dnes A, Franchising and Privatisation: Issues and Options (Centre of Policy Studies, Monash Uni, 1989).

Domberger S, "Competitive Tendering and Contracting Out: Recent
Experience and Future Policy", Policy (Autumn 1993) 23-27.

Economic Planning Advisory Council, Promoting Competition in Australia (Council Paper No.38; AGPS, 1989).

Improving Australia's International Competitiveness (Council
Paper No.45; AGPS, 1991).
Competitiveness: The Policy Environment (Council Paper No.47; AGPS, 1991).

Coming to Grips with Competitiveness and Productivity
(Discussion Paper 91/01; AGPS, 1991). Improving Competitiveness: Views of Two Industry Leaders (Discussion Paper 91/02; AGPS, 1991).

Competitiveness: An Economy- Wide Concern (Discussion Paper
91/03; AGPS, 1991).

Competition and Economic Efficiency (Background Paper No.19;
AGPS, 1992).

An Explanation of Structural Changes in the Australian Economy: 1986-87 to 1990-91 (Background Paper No.29;AGPS,
1993).

Energy Board of Review, The Energy Challenge for the 21st Century
(1993).

376

Bibliography
Farmer J A, "Competition Law", NZ Recent Law Review (1993) 14.

Federal Bureau of Transport Economics, Competition and Regulation in Grain Transport (Occasional Paper 82; AGPS,
1987).

Forsyth F, Public Enterprises: A Success Story of Microeconomic Reform? (ANU Centre for Economic. Policy Research, Discussion
Paper No 278; 1992).

Frazer T, Monopoly, Competition and the Law: The Regulation of Business Activity in Britain, Europe and America (St Martin's
Press, 1988).

Frischtak C R, Competition Policies for Industrializing Countries
(World Bank, 1989).

Galligan B, "Queensland Railways and Export Coal", Australian
Journal of Public Administration (1987) 46.

Gilbert R J, "The Role of Potential Competition in Industr!aI Organisation", Journai of Economic Perspectives (Summer
1989) 107-127.

Glynn 0 R, 'The Mechanisms of Price Control", NERA Topics (No.7;
1992).

Hanks F & Williams P L, 'The Treatment of Vertical Restraints Under the Australian Trade Practices Act", Australian Business Law
Review (1987) 147.

Hay D A & Morris D J, Indust*ial Economics and Organ isation (2 ed., Oxford University Press, 1991).

Hawke, The Hon R J, MP•et al, Building a Competitive Australia (Statements by Prime Minister, Treasurer & Industry Minister,
12 March 1991).

Heydon J D, Trade Practices Law (Law Book Co, 1993).
377

Bibliography

Hill B M & Jones M R, Competitive Trading in New Zealand
(Butterworths, 1986).
Hills L Deregulating Telecoms: Competition and Control in the United States, Japan and Britain (Frances Pinter, 1986).

House of Representatives Standing Committee on Legal and Constitutional Affairs, Mergers, Takeovers and Monopolies: Profiting from Competition? (AGPS, 1989).
Hunter A, "Restrictive Practices & Monopolies in Australia",
Economic Record (1961) 37, 25.

Industries Assistance Commission, Government (Non-Tax) Charges
(Report No.422; AGPS, 1989).

Industry Commission, Statutory Marketing Arrangements for Primary Products (Report No. 10; AGPS, 1991).
Energy Generation and Distribution (Report No. 11; AGPS,
1991).

Rail Transport (Report No. 13; AGPS, 1991).

Australian Dairy industry (Report No.14; AGPS, 1991). Australian Sugar industry (Report No.19; AGPS, 1992).

Raw Material Pricing for Domesic Use (Report No.21;
AGPS, 1992).

intrastate Aviation (Report No.25; AGPS, 1992).

Water Resources and Waste Water Disposal (Report No. 26;
AGPS,

Mail, Courier and Parcel Services (Report No.28; AGPS, 1992).
Annual Report 1991-92 (1992).

378

Bibliography

Port Authority Services & Activities (Report No. 31; AGPS, 1993).

James M (ed), Regulating for Competition? — Trade Practices Policy in a Changing Economy (CIS, 1989).
Joskow P L "Regulatory Failure, Regulatory Reform, and Structural

Change in the Electrical Power Industry", Brookings Papers:
Microeconomics (1989) 125-208.

Kahn A E, The Economics of Regulation (Wiley & Sons, 1970).

Kaiser G E & Nielsen-Jones I, "Recent Developments in Canadian Law: Competition Law", Ottawa Law Review (1986) 18, 401517.

Keating, The Hon P J, MI', One Nation (Speech by the Prime Minister, 26 February 1992).

Lane P H, A Manual of Australian Constitutional Law (4th ed., Law
Book Co., 1987).

Law Reform Commission of Victoria, Competition Law: the Introduction of Restrictive Trade Practices Legislation in Victoria (Discussion Paper No.22; 1991).
Access to the Law: Restrictions on Legal Practice (Report No.47;
1992).

Competition Law: the Introduction of Restrictive: Trade Practices Legislation in Victoria (Report No.49; 1992).

Leonard P & Waters P, "Regulating For Competition: The Telecommunications Act 1991" in Corones S (ed), Competition Policy in Telecommunications & Aviation (Federation Press,
1992).

Liesner H, 'The Role of the MMC in the Regulation of Privafised Undertakings", NERA Topics (No.9, 1992).

379•

Bibliography

Industry Task Force Review of Australia's Overseas Liner Shipping Legislation, Liner Shipping Report (AGPS, 1986).

Lumb R D & Ryan K W, The Constitution of the Commonwealth of Australia: Annotated (3rd ed., Butterworths, 1981).
Miller R V, Annotated Trade Practices Act (13th ed., Law Book Company, 1993).
"Monopoly Prophets", The Economist (24 July 1993) at 16.

National Grid Management Council, National Grid Protocol - First
Issue (1992).

Network Service Pricing: An Information Paper (1992).

Regulatory Framework Issues for a National Electricity Market
(1993).

The Structure of an Interstate Transmission Network for Eastern and Southern Australia (1993).
National Review of Local Government Labour Markets, Reciprocity of Qualifications Across States (Discussion Paper No.3; 1987).
New Zealand Commerce Commission, Telecommunications Industry Inquiry Report (1992). New Zealand Ministry of Commerce, Guarantee of Access To Essential Facilities: A Discussion Paper (1989).
Review of the Commerce Act 1986: Reports & Decisions (1989).

Nieuwenhuysen J P. Australian Trade Practices (2 ed., Cheshire,
1976).

Nowotny K, Smith D B, & Trebing H M, Public Utility Regulation: The Economic and Social Control of Industry (Kiuwer Academic Publishers, 1989).

380

Bibliography
NSW Egg Corporation, Annual Report 1990-91 (1991).

NSW Government, Performance of NSW Government Businesses
(1992).

NSW Regulatory Review Unit, Application of the Commonwealth Trade Practices Act to New South Wales State Government Instrumentalities (1988).

Organisation for Economic Cooperation and Development, Competition Policy & Intellectual Property Rights (1989).
Competition & Economic Development (1991). Competition Policy in OECD Countries 1989-1990 (1992).

Regulatory Reform, Privatisation & Competition Policy (1992). Office of Electricity Regulation (OFFER), Report on Pool Price Inquiry (December 1991).

Ordover J A & Saloner C, 'Predation, Monopolisation and Antitrust" in Schmalensee R 4 Willig R, Handbook of Industrial
Organization, Vol.1 (Amsterdam, 1990).

Osborne D & Caebler T, Reinventing Government: How The Entrepreneurial Spirit Is Transforming The Public Sector
(Addison-Wesley, 1992).

Peltzman S, "The Economic Theory of Regulation after a Decade of Deregulation" Brookings Papers: Microeconomics (1989)1-59.
Pengilley W, "The Politics of Anti Trust and Big Business in Australia", Australian Quarterly (1973) 45, 53.

Posner R A, Antitrust Law: An Economic Perspective (Chicago, 1976).

Prices Surveillance Authority, Postal Services (Report No.23; AGPS,
1989).

381

Bibliography
Book

Prices (Report No.25; AGPS, 1989).

—— Sound Recordings (Report No.35; AGPS, 1990).

Annual Report 1990-91 (AGPS, 1991).

A Review of the Prices Surveillance Authority's Role (AGPS,
1991).

Inquiry into Land Based Charges in AuAtralian Ports by Ocean Carriers and Conference5 (Report No. 42; AGPS, 1992).

Inquiry into Real Estate Agents Fees Relating to Residential Property Transactions (Report No.43; AGPS, 1992). Inquiry into Prices of Computer Software (Report No.46; AGPS,
1992).

Inquiry into the Aeronautical and Non-Aeronautical Charges of the Federal Airports Corporation (Draft Report, 1993).

Queensland Government, Corporatisation in Queensland: Policy
Guidelines (1992).

Quirk P J, Industry Influence in Federal Regulatory Agencies (Princeton University Press, 1981).
Rehfuss J, "A Leaner, Tougher Public Management? Public Agency Competition With Private Contractors", Policy Analysis Quarterly (Summer 1991) 239-252.

Review of Part X of the Trade Practices Act, Issues Paper (May 1993).

Scherer F M & Rots D, Industrial Market Structure & Economic Performance (3rd ed., Boston, 1990). Schmalensee, The Control of Natural Monopolies (Lexington D C, Heath, 1979).
& Willig R D (eds), Handbook of industrial Organization (Amsterdam, 1990).

382

Bibliography
Senate

Standing Committee on Legal and Constitutional Affairs,

Mergers, Monopolies & Acquisitions: Adequacy of Existing Legislative Controlà (AGPS, 1991).

The Doctrine of the Shield of the Crown (AGPS, 1992). Shirley M St. Nellis J, Public Enterprise Reform: The Lessons of Experience (World Bank, 1991).

Sieper E, Rationalising Rustic Regulation (CIS, 1982).

Steering Committee on Government Trading Enterprises, A Policy Framework for Improving the Performance of Government Trading Enterprises (1988).
Stone A, Economic Regulation and the Public Interest (Cornell University Press, 1977). Tanzer N, "Has Micro-Economic Reform in the Public Sector Run its Full Course?" (Paper delivered to Third Annual GBEs Summit, AIC Conference, April 1993).

Taperell C Q, Vermeesch R B & Harland D J, Trade Practices and Consumer Protection (3rd ed., Butterworths, 1983).

Task Force on Other Issues in the Reform of Government Trading Enterprises, Characteristics of a Fully Corporatised Government Trading Enterprise (1991). Tasman Economic Research Ltd, Harnessing Competition in the Provision of Electricity and Water (Paper prepared for the Office of the Economic Planning Advisory Council, 1992)
Tirole j,The Theory of Industrial Organization (MIT: Press, 1988).
Tonking A I & Alock R J, Australian Trade Practices Reporter (CCH,
1993).

Trade Practices Act Review Committee, Report to the Minister Business and Consumer Affairs (ACPS, 1976).
Trade Practices Commission, Rural Guideline (1989).
383

Bibliography

Application of the Trade Practices Act to Intellectual Property (1991).

Study of the Professions — Accountancy (1992). Study of the Professions — Architects (1992).

The Legal Profession, Conveyancing and the Trade Practices Act
(1992).

Van Roy Y, Guidebook To New Zealand Competition Laws (CCH,
1991).

Vautier K M, The "Essential Facilities" Doctrine (NZ Commerce Commission Occasional Paper No. 4; 1990).
Veljanovski C, The Future of Industry Regulation in the UK (European Policy Forum, 1993).

Vickers J & Yarrow C, "Telecommunications: Liberalisation and the Privatisation of British Telecom", Privatisation and the Natural Monopolies (Public Policy Centre, 1985). Vickers J, "Government Regulatory Policy" Oxford Review of
Economic Policy (1991) 7, 3, 13-30.

Victorian Regulation Review Unit, Principles For Occupational Regulation (1992). Walker G de Q, Australian Monopoly Law: Issues of Law, Fact and
Policy (Cheshire, 1967).

Wang Y & Davison M, "Resale Price Maintenance: Is the Per Se Prohibition Justified?", Adelaide Law Review (1992) 14, 35.

Waterson M, "Vertical Integration and Vertical Restraints", Oxford
Review of Economic Policy (Summer 1993) 9.

Whish R, Competition Law (2 ed., Butterworths, 1989).
Wilson J Q (ed.), The Politics of Regulation (Basic Books, 1980).
384

Bibliography

Bureaucracy: What Government Agencies Do and Why They Do

It (Basic Books, 1989).

Wright R, "Injunctive Relief in Cases of Refusal tO Supply", Australian Business Law Review (1991) 19.

Yeung K, 'The Court Room Economist in Australian Anti-Trust Litigation: An Under Utilised Resource?" Australian Business
Law Review (1992) 20.

Zines L, The High Court& The Constitution (3 ed., Butterworths,
1992).

385