Competition law is the general term for the body of law regulating the market behaviour of corporate and business entities and industrial organisations and structures, so as to preserve competition for the benefit of consumers.
Consumer protection is the protection of consumers against unfair trade or credit practices including misleading and deceptive statements or conduct by suppliers: for example, under the Australian Consumer Law, which replaces the (CTH) Trade Practices Act 1974 s 4B, Pt V.
Australian Consumer Law - A single, national consumer protection and product liability regime applying federally as a law of the Commonwealth pursuant to Pt XI Sch 2 of the (CTH) Competition and Consumer Act 2010 and pursuant to equivalent uniform application laws of the participating States and Territories.
(From the Encyclopaedic Australian Legal Dictionary)
Alternative terms: Antitrust law - Product liability - Restraint of trade -Trade regulation - Unfair competition
Research at Monash
The Centre for Commercial Law and Regulatory Studies (CLARS) at Monash University Law School facilitates innovative research in commercial law, corporate governance and regulation.
Getting started
- Australian Competition LawAn excellent site providing legislation and legislative history, cases, news, blog, and other resources relating to Australia's competition laws.
Resources
Australian competition law reading room - extensive list of book, articles, speeches and reports.
The Australian consumer law by Publication Date: 4th ed, 2019
Australian Competition Law by Publication Date: 4th ed, 2021
- Competition, Consumer and Contract Law (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Competition and consumer law' to view relevant commentary.
- Miller's Australian Competition and Consumer Law AnnotatedContains annotations to both the Competition and Consumer Act 2010 and the Trade Practices Act 1974.
Remember to also check the Law databases
- Kluwer Competition LawA fully searchable collection of primary source material, commentary, and analysis concerning EU competition law.
- Australian Competition and Consumer Law Legislation (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Competition and consumer law' to view relevant Acts.
- Australian Consumer Credit Law Legislation (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Consumer credit law' to view relevant Acts.
- Australian Contract Law Legislation (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Contract law' to view relevant Acts.
- Commercial and Corporate Law (Lawlex)Navigate to 'Browse Legislation' and select 'Commercial and Corporate Law' to view relevant Acts.
- Current legislation and legislative historyAn outline of legislative history with links (Australian Competition Law website)
Law Reports and cases
- Australian Competition and Consumer Law Cases (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Competition and consumer law' to view relevant Cases.
- Australian Consumer Credit Law Cases (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Consumer credit law' to view relevant Cases.
- Australian Contract Law Cases (CCH iKnowConnect)Navigate to 'Your practice areas' and select 'Contract law' to view relevant Cases.
Reports and inquiries
- Australian Competition and Consumer Commission (ACCC)Australia's national competition, consumer, fair trading and product safety regulator.
- Australian Competition TribunalThe Tribunal was created in 1966 as the Trade Practices Tribunal. It was renamed the Australian Competition Tribunal in 1995.
- National Competition CouncilThe National Competition Council is a research and advisory body which was established in 1995 by agreement of the Council of Australian Governments (COAG).
- Treaty establishing the European Economic Community, EEC TreatyThe rules governing competition are set out in arts 85-94.