Competition Litigation - The Role of the Federal Court

Since the enactment of Australia's current competition laws in the Trade Practices Act 1974 (Cth), competition laws in Australia have been judicially enforced. This distinctive system, shared with New Zealand and the United States, can be contrasted to the model of administrative enforcement of competition laws seen in other parts of the world. Judicial enforcement of competition laws has certain implications - in particular, for the development of legal principle, the process of fact finding and the application of economic theory in decision- making. This article considers each of those matters in turn, as part of the exploration of a larger question - whether the legal process, involving the enforcement of competition laws by the Federal Court, is capable of extended analysis of market power and competitive effects.