Use of Market Power and Counterfactuals in New Zealand and Australian Competition Laws

These two papers (double click to download) look at recent decisions and controversies surrounding the counterfactual test under s 36 of the New Zealand Commerce Act 1986, and s46 of the Australian Competition and Consumer Act 2010 respectively.  In 2010 the New Zealand Supreme Court in 0867 affirmed the counterfactual as the test to determine whether there has been a

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