Arlen Duke

What is the ‘Market’?

Arlen Duke, Rhonda Smith

Book Chapter  |  2021

The Role of Agency in Competition Law: The Australian Flight Centre Case

Rhonda L Smith, Arlen Duke

Journal article  |  2021  |  AUSTRALIAN BUSINESS LAW REVIEW

Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd (Flight Centre) was decided by the High Court in D..

The Role of Agency in Competition Law: The Australian Flight Centre Case

Rhonda L Smith, Arlen Duke

Journal article  |  2021  |  AUSTRALIAN BUSINESS LAW REVIEW

Platform businesses and market definition

RL Smith, A Duke

Journal article  |  2021  |  European Competition Journal

Since the recognition of the platform business model, the following dichotomy has been largely accepted–analyze the conduct of a t..

Pharmaceuticals and market definition: a cautionary tale

RL Smith, A Duke

Journal article  |  2021  |  European Competition Journal

There is no simple prescription for defining the relevant product market for pharmaceuticals. As price is usually the key variable..

The Repeal of Section 51(3) of the Competition and Consumer Act: A Mistake in need of Correction

Arlen Duke

Journal article  |  2020  |  University of New South Wales Law Journal

Section 51(3) of the Competition and Consumer Act 2010 (Cth), which exempted certain conditions in intellectual property licences ..

Protecting Profits Post-Patent Expiry: ACCC v Pfizer, Patents and Competition Law

Arlen Duke, Rhonda Smith

Journal article  |  2019  |  Australian Intellectual Property Journal

In the lead up to patent expiry, pharmaceutical companies often engage in strategies designed to delay the production of generic m..

Inequality and Competition Law

Rhonda Smith, Arlen Duke

Journal article  |  2019  |  Competition and Consumer Law Journal

This article aims to explain why in the United States competition law objectives are being reconsidered in light of increasing ine..

Protecting the Child Consumer from Misleading Advertising: A Comparison of Media Regulation and Consumer Protection Approaches

Elizabeth Handsley, Arlen Duke

Journal article  |  2019  |  Competition and Consumer Law Journal

This article compares two areas of legal regulation with a view to determining the strengths and weaknesses of each as a means of ..

Lessons for Market Definition from Air Cargo

Rhonda L Smith, Arlen Duke

Journal article  |  2018  |  AUSTRALIAN BUSINESS LAW REVIEW

The Air Cargo case provided the first opportunity for the High Court to interpret the phrase "market in Australia" in s 4E of the ..