Private enforcement of competition law in Australia - Inching forwards?

Abstract

The recently concluded independent review of Australian competition policy, law and institutions led by Professor Ian Harper examined proposals in relation to private enforcement of the competition rules. That private actions for damages were even on the review agenda is a positive development in an area that has long escaped the attention of policy-makers and enforcement leaders in this country. However, the Harper recommendations for private enforcement-related reforms are sparse and, in general terms, the Harper panel's treatment of the topic fails to grapple with many of the major challenges facing private litigants - especially small businesses and consumers. This article is a critical ..