The mixed philosophy of Australia’s prohibition against monopolisation and the misuse of market power: a historical analysis of the development of section 46 of the Competition and Consumer Act 2010 and its predecessors

This thesis examined the legislative history of Australia’s prohibition against the unilateral abuse of market power. It contends that the prohibition’s core objective was to protect market forces, but its ability to do so was hampered by a political desire not to restrict the commercial conduct of large enterprises. Accordingly, this thesis advocates that the legality of a firm’s use of market power should be assessed by its impact on active competitors and consumer choice, as they help prevent the exclusionary conduct of big business which harms the competitive process.