Centre for Law and Economics

Competition Law, Industry and Business Reguation - Research Publications

Introduction

The Centre for Law and Economics research work on Competition Law, Industry and Business Regulation covers

• general or economy wide law and regulation;
• industry specific regulatory regimes; and
• international trade law and regulation

We address each of these areas below.

General Competition Law and Regulation

Research on general competition law and regulation includes analysis of both

• Common law regulation; and
• Statutory regimes.

Thus the Centres research on general competition law includes analysis of the effects on competition and the economy of legal rules and regulation in key relevant areas of private law including:

• Property Law and economics;
• Contract and Tort law and economics;
• Corporate Law and economics;
• Intellectual Property law.

Thus for example on intellectual property the Centres Director was recently engaged to provide legal advice in two major related legal disputes on breach of copyright in the internet.

The Centre also has an active research and teaching programme on general statutory competition law schema including in particular:

• Part IV Trade Practices Act and
• Part IIIA Trade Practices Act covering Access regulation

Industry Specific Law and Regulation

The Centre has also developed a programme of research in relation to major specific industries including.

• Communications and Media law and economics
• Energy law and economics
• Transport law and economics

On Communications and Media Law and economics the Centre has been engaged in a number of major research projects in Australia and other countries of the Asia Pacific region including:

• Research into the effect of the Internet on Economic Growth and Productivity for the Department of Communication, Information Technology and the Arts 2006 based on joint research with the London Business School
• Assisted with film industry submission to Australian Government, working with the Screen Producers Association and Australian Screen Directors Association 2006
• Dr Barker provided Expert Testimony in the Federal Court of Australia on Copyright Breach in the Music Industry by Online Downloading and CD Burning 2004 - Universal Music Australia Pty ltd (acn 000 158 592) & v Sharman License Holdings Ltd & Ors - 2004 -2005
• Dr Barker provided Expert Testimony in the Federal Court of Australia on Copyright Breach in the Music Industry by Online Downloading and CD Burning 2005 - Universal Music Australia Pty Limited & Ors v Cooper & Ors – 2004 -2005
• Advice to the ACCC on the Regulation of Digital Television – 2004
• Advice To Department of Communications Information Technology and the Arts on the regulation of international internet charges – 2004
• Review of pricing and business model of internet web hosting firm - 2003
• Expert advice on Trade Practices Act application to Foxtel Pay TV content Sharing agreement 2002
• Litigation Expert Testimony on overall economic and competition effects of a restraint of trade agreement between two commercial parties in telecommunications and broadcasting: 2000.
• Advice and auditing of economic modelling for imputation tests in Telecommunications pricing agreements under the Trade Practices Act – 2003
• Advice on appropriate test for price squeezes in telecommunications cases under the Trade Practices Act – 2002
• Advice on market definition in price squeeze allegations in ADSL telecommunications services under the Trade Practices Act – 2002 to 2004
• Advice on price squeeze case on number portability services under the Trade Practices Act - 2002
• Litigation Expert Testimony on competitive effects of predatory pricing behaviour and contractual restraints in Telecommunications: 1999.
• Advice to clients on investment in 3g Telecommunications network infrastructure 2003-2004
• Advice to clients in wireless telecommunications, on designing a consortium, strategy for 3 gigabits spectrum auction bidding; corporate form for proposed deintegrated corporate structure, pro forma resale contract for the retail company, and design of network of interconnection agreements for the network company with other potential users of the 3 gigabits wireless network: 1998-2001
• Advice on design of horizontal integration options for electricity and telecommunications network companies, 1998 – 2000
• GSM, Telecommunications Market Restructuring, NZ 1997-1998
• Expert advice on ACCC regulation of mobile telecommunications 2003
• Development of Cost Benefit and Pricing Model and Analysis of Number Portability in Telecommunications Services for Consortium of Telecommunications companies including Telstra, Vodafone, British Telecom and Telecom NZ
• Advice to the Korean Government on Korean Telecom Corporatisation, Deregulation and Privatisation, 1997 – 2001 Drafted the Articles of Association for Korea Telecom and Contracts of Employment for Senior Management
• Advice to Korean Government on Corporate law and Financial Markets law reform to support development of domestic capital markets 2001-2002 including shareholders rights, insolvency law, Directors Duties and Banking law.

On Energy Market Law the Centre has been engaged in a number of major projects in the context of recent reforms to the energy market of Australia and other countries of the Asia Pacific region including:

• South Australian Experts Panel on Microeconomic Reform 2006. The Minister of Energy for South Australia has appointed the Centre for Law and Economics to a panel to advise the South Australian Government on Regulatory economics; Public policy; and Market mechanisms; across a wide range of industries including Electricity; Gas; Renewable energy (Greenhouse); Water; and Transport (including rail and ports). The Centre for Law and Economics is to work closely with the Energy Division of the Department of Transport, Energy and Infrastructure (DTEI), and may be required to consult with key stakeholders and industry participants.
  
• NSW Experts Panel on National Energy Market Reform. The Minister for Utilities for NSW has appointed Dr George R Barker, Director of the Centre for Law and Economics, to a panel to advise on National energy market reform; Natural gas competition; Development of energy and water policies; Regulatory and Network matters and Environmental matters including Greenhouse gas emissions. As part of the panel George is expected to work closely with the NSW Department of Energy, Utilities and Sustainability (DEUS).
  
• The Economics of Bio-fuels (Ethanol) as a Renewable Energy Resource (2005-6). Dr Barker just completed two major reports for the Queensland Government on the use of Bio-fuels as a renewable energy and the potential of Ethanol production in Queensland
  
• Advice to COAG on its Energy Market Review (2002). Dr Barker led an expert team which provided advice to COAG on a number of energy market reform issues including demand side participation and supply reliability. The report also provided a review of energy markets in the US, UK, Canada, NZ and Norway and draw lessons from international experience for energy market reform in Australia.
  
• Advice to NSW IPART on electricity market rules and barriers to entry to distributed generation and Network Load Management (2002). Dr Barker provided advice to IPART on the barriers to entry to distributed generation in NSW and network load management in NSW, with particular attention to the affect of the wholesale market rules. Dr Barker developed and applied an investment and contractual analysis to form the basis of detailed identification of barriers.
  
• Development of regulation in the New Zealand electricity sector (from 1998 and ongoing) Regulation of the New Zealand electricity sector has been undergoing a number of changes over the last four years. Dr Barker has been an economic and financial advisor in that process to a number of the largest distribution companies, including testifying before Parliamentary Select Committees and meeting with Ministers
  
• Korean Energy Market Deregulation and Privatization - KOGAS (2002). Dr Barker provided advice to the Korean government on a number of issues relating to the privatisation of KOGAS. He prepared a report outlining lessons from international privatisation experiences.
  
• An Economic Analysis of Criterion (b) Under Clause 1.9 of the National Third Party Access Code for Natural Gas Pipeline Systems (2000). Dr Barker prepared a submission to the NCC for Duke Energy International. It developed a framework for regulatory decision making under uncertainty and valued the option for waiting by the regulator. The analysis was regarded by the client as “path breaking”.

In Transport Markets Law the Centre conducts research on regulation of airlines, rail and ports. Engagements in these areas include:

• Expert advice on appropriate test for predation in a major Australian Airlines dispute before the Federal Court of Australia – 2002 to 2003
  
• Submission to the Productivity Commission’s Inquiry into Clause 6 of the Competition Principles Agreement and Part IIIA of the Trade Practices Act 1974 (2000). Dr Barker prepared this submission on behalf of Freight Australia. Among other things, the submission argued that to an access should include sound pricing principles. These pricing principles should allow facility owners to recover all opportunity costs, including the cost of sunk capital investment; and should eschew a regulated cost base that creates disincentives for cost saving innovations. Pricing principles that dampen investment incentives or undermine investor confidence would detract from the efficiency objective of access regulation.

International Trade Law and Regulation
One of the key influences on competitive conditions in an economy is its openness to international trade and access to third markets. In this context one of the first activities of the Centre in this area has been its management of ARC funded project on the accession of China to the World Trade Organisation.

China and World Trade Organisation Project
The Director of CLE Dr George Barker was Chief Investigator under ARC Grant No. C79804936. Through this project CLE has helped organise a major conference on March 17, 2001 and a series of publications to disseminate the results of the research.

– China and WTO Conference March 17, 2001
– Publications


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