Product Detail

Vol32 No 4 Dec 2018-Feb 2019

Misuse of market power:A guide to navigating on a sea of doubt
By Christopher Hodgekiss SC
Following the adoption of a recommendation of the Competition Policy Review (Harper Review) the Federal Parliament enacted sweeping changes to section 46 of the Competition and Consumer Act 2010 (Cth) (the ‘Act’ or ‘CCA’) which came into effect on 6 November 2017.
This paper seeks to provide an exposition of the interpretation of the new section 46, including the identification of problem areas and potential solutions to these problems.
 
Close encounters of the unconscionable kind: Ipstar Australia Pty Ltd v APS Satellite Pty Ltd [2018] NSWCA 15
By Justice Nigel Rein
Ipstar (the defendant), a wholesaler of broadband services owned, or had access to, a satellite. It also sold satellite dishes, transceivers (called ‘OUDs’) and modems as a package (‘the equipment’), which when functioning could communicate with the Ipstar Satellite and enable end users to obtain access to the internet. Skymesh (the plaintiff), was a retailer of broadband services and it entered into a contract to buy from Ipstar broadband capacity at a price per megabyte per second per month for a fixed period of time.
 
 
Commercial issues in private international law
By Justice Steven Rares
Private international law, as a field of legal discourse, is concerned with identifying predictable legal rules that the courts of a forum must apply in resolving disputes that involve at least the laws of two nations. Many text books carry the expression ‘conflict of laws’ in their titles as a neat encapsulation of what is often involved. And the theme of this conference, or at least its title, harkens back to what is likely to have been the origin of private international law, namely commercial disputes that arose out of trading relationships between nationals of different States in the ancient world. That means today, as Lord Sumption JSC, speaking for the Supreme Court of the United Kingdom1 said: ‘Litigation between residents of different states is a routine incident of modern commercial life.’
 
  • Misuse of market power:A guide to navigating on a sea of doubt
    By Christopher Hodgekiss SC
    page 3
  • Close encounters of the unconscionable kind: Ipstar Australia Pty Ltd v APS Satellite Pty Ltd [2018] NSWCA 15
    By Justice Nigel Rein
    page 29
  • Commercial issues in private international law
    By Justice Steven Rares
    page 36
  • Member Price: $0.00
    Non Member Price: $30.00
     
    Main File Type pdf
    © Copyright 2019 Commercial Law Association of Australia (CLA) |  Site by ICAN Solutions