TUTORIAL 1
1) Identify aspects of ‘competition’ within the meaning of competition law.
The Harper Review defined competition as ‘the process by which rival businesses strive to maximise their profits by developing and offering desirable goods and services to consumers on the most favourable terms’. The purpose of competition policy is therefore to protect, enhance and extend competitive conduct. Competition Law aims to combat certain anti-competitive practices that interfere with the efficiency of markets to the detriment of both consumers and other suppliers.
Competition law is not intended to protect competitors per se (Harper Review); rather, as per Joseph Schumpeter, competition facilitates creative destruction as old and inefficient economic
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It is necessary to consider to what extent consumers are willing to travel to seek alternative sources of the goods offered by the hypothetical monopolist. In ACCC v Liquorland, the Federal Court considered to what extent people would be willing to travel to obtain alternative sources of alcohol. The court concurred with the views of the ACCC, holding that people would generally only be willing travel between 2 to 5 kilometres from a given Liquorland store to seek alternatives. Drawing an analogy with that case, given that people buy milk regularly and, despite a 5-10% price, it is not particularly expensive, people would only be willing to travel around 2-5 kilometres from their usual place of shopping to obtain alternative sources. Therefore, the relevant market from the perspective of final consumers would consist of their usual supermarket/grocer and those in the nearby suburbs (eg: St Lucia, Toowong, …show more content…
The Parmalat Australia website suggests that its brand Pauls is the most consumed branded milk in Australia. Parmalat is a significant producer of UHT milk; however, the majority of this is exported to the Asia Pacific. UHT milk accounts for less than 10% of total milk sales in Australia. Fonterra and the Murray Goulburn group have a similar market share to Parmalat, thereby constraining its market power. Lion Pty Ltd is the industry leader with a 32% market share, however this covers several brands and also includes private label contracts with Woolworths. The fact that the major suppliers operate nation-wide and would be present in each market (as discussed above), significantly limits Parmalat’s ability to exploit its market power. It is difficult to envisage Parmalat partaking in exclusive dealings or predatory pricing to the detriment of its competitors, given that they have similar resources and would be capable of rebuffing these tactics. Nevertheless, if Parmalat colludes with another supplier, then the combined market share of the firms would be substantial, thus creating scope for cartel behaviour that is disadvantageous to farmers (primary
The most efficient way for consumers to get what they want is through the ‘market’, not the government, but businesses have more power than their customers. Some businesses can and will use abuse this power and cheat and steal from consumers to make money. Because of this, the government regulates the behaviour of businesses to have a market economy that functions properly. These laws mainly protect consumers against; misleading/deceptive representations, unconscionable conduct, unfair contracts, and unsafe goods and/or services. To protect consumers, different legal and non-legal approaches have been taken.
Unknowingly, Antitrust began a cycle of Rule of Reason, which is the Lax Enforcement, and the Per Se Rule, which is the tight enforcement (Boyes 2013, p 249). Litigation of the Antirust law was not frequent, and that’s because between the years of passage 1890 and 1914, only seven cases were tried by the Supreme Court, in which they broke up monopolized companies like Northern Securities, and Standard Oil Co. of New Jersey; but also allowed the formation of major league baseball. This period of Lax Enforcement ended with the passage of the Clayton Antitrust Act and the Federal Trade Commission Act, and ushered in Per Se Rule. The changes to Antitrust laws gave a more clear definition to the law by guide lining the prohibitions of price discrimination, the creations of barriers to enter a market, outlaws mergers deemed unfair, and imbalanced methods of business; the Federal Trade Commission was also allowed to investigate into these practices. Since 1941, the FTC and it parent division, the Justice Department, had filed over 2,800 cases related to Antitrust, but it is the private sector that had an exponential amount lawsuits filed. Between the passage of these two laws and the Supreme Court Justice William Douglas, who prized the laws, any inkling of proof that a business could be monopolizing or engaging in unfair business practices, almost always lead to a guilty verdict that mostly results in a heavy fine, and in extreme
One law, which helps protect businesses and promotes fair competition for the benefit of the consumers, is the US Anti-Trust law. This law is comprised of three different acts: The Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. The first role these acts perform is to restrict the formation of cartels which would perform outside of the guidelines of the government and there for not be bound by there laws. The second role these acts perform is to ensure no single business entity can perform a certain level of mergers and acquisitions, which would essentially turn them into a monopoly and reduce competition. Overall, the antitrust laws are constantly debated for their overall functionality and efficiency in protecting the fair business practices of the United States. [2] “One view, mostly closely associated with the "Chicago School of economics" suggests that antitrust laws should focus solely on the benefits to consumers and overall efficiency, while a broad range of
This essay will review the Consumer Protection from Unfair Trading Regulations 2008 (as amended) (‘CPUTs’) to assess how they are responsible for the operation of the Internal Market and consider whether the CPUTs have accomplished its objective of consumer protection. This essay will first explain the Internal Market and the significance of regulation and then proceed to demonstrate how the CPUTs enable the Internal Market to function properly and its protection of consumers.
Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals have an “equally opportunity in honest competition.” Early in the nation’s history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve “economic freedom” and a “free-enterprise system.” Specifically, it attempts to preserve “the freedom to compete” for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace.
The UK supermarket industry resembles an oligopolistic industry, with several characteristics. Oligopolistic markets tend to be characterised by high concentration ratios, barriers to entry and…Since the turn of the century, the industry has been scrutinised by both the Office of Fair Trading and has been referred to the Competition Commission on two occasions. (Seely, 2012)
The antitrust laws are the basis of this national policy. These laws, enforced by both the federal and state governments, require companies to compete in the marketplace. The Sherman Act, the first federal "antitrust law," was enacted in 1890, at a time when there was enormous concern about "trusts" -- combinations of companies that were able to control entire industries. Since then, other laws have been enacted to supplement the Sherman Act, including the Federal Trade Commission Act and the Clayton Act (1914). With some revisions, these laws still are in effect today. They have the same basic objective: making sure there are strong economic incentives for businesses to operate efficiently, keep prices down, and keep quality up.
Antitrust law is enacted by the federal and various state governments to (1) regulate trade and commerce by preventing unlawful restraints, price-fixing, and monopolies; (2) promote competition; and (3) encourage the production of quality goods and services with the primary goal of safeguarding public welfare by ensuring that consumer demands will be met by the manufacture and sale of goods at reasonable prices.
Lionel Bentley and Brad Sherman have, in their book; "Intellectual Property Law” acknowledged that indeed there is tension between competition law and intellectual property law. While discussing the effect of competition law on the exploitation of copyright , they state that a copyright entitles an owner to use the property in a manner which he or she so wishes and that the copyright owner cannot be compelled to apply their rights in a particular manner. This is the exclusivity of a right. They, however, acknowledge that there are circumstances in which competition law may require a property owner to make available the right for use by the public. They state that operators in dominant positions have a special responsibility not to allow their conduct to impair
Competition being one of the major issues that often must be addressed in the business world, it is important for a firm to learn on ways to reduce the impact of the competition. Competition is definitely an important factor in helping a business
Competition is a good thing for many reasons, it guarantees the best products at the
Existing Competitors. Rivalry among competitors within an industry use price discounting, new products, marketing, and other techniques to be competitive. Profitability of an industry suffers from high rivalry. The intensity with which companies compete and the basis on which they compete determine to which degree rivalry brings down an industry’s profitability (Porter, 2008). Pure competition is considered by economists as a competition with a high
Moreover, If you’re a company owner and you make a product you don’t want competition. But once about only ten percent of people in America own a business or company there is gonna be competition. As a consumer you want competition it forces the companies to make better goods and provide better services for cheaper more fair prices. Which then allows you to be able to buy more goods and services. Which then allows you to be more successful in life and achieve more goals and those goals faster.
Businesses are not only faced with competition within the industry they operate in. They also face competition from businesses in other industries.
This paper studies the idea of competition. What is competition? Do we need competition, why do we need it? The paper further elaborates competition in aspects of two school of thoughts, the Classical and Marxist economics.