Commercial power and competitor litigation

Article Abstract:

Using litigation as an anti-competitive tactic against a powerful competitor may constitute a claim under the Australian Trade Practices Act 1974, but if the plaintiff-competitor possesses no market power, competition law remedies may not be available. In the US, the sham exception to the Noerr-Pennington doctrine was developed to address attempts to harm competitors under the guise of petitioning the government, but in recent years, the US Supreme Court has narrowed the exception. Interference with contracts and abuse of process torts may be alleged by the competitor being sued.

United States, Cases, Restraint of trade, Frivolous suits (Civil procedure)

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The court-room economist in Australian antitrust litigation: an underutilised resource?

Article Abstract:

Economists can be of help in Australian anti-trust litigation in a number of ways in which they have been underutilized in the past. Economists have been accepted as explaining statutory definitions of economic terms and economic theory, but they have not been used much to apply theory to the facts of a case or to explain observed behavior. Procedural reforms such as provision of a mechanism allowing judges to circumvent certain rules of evidence will allow a greater role for economists in the court.

Analysis, Evidence, Expert, Expert evidence

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Choice of law in tort in domestic and international litigation

Article Abstract:

The choice of law rule in tort in Australia is the same as in international tort cases except where claims are governed by another country's law. Where the rule is satisfied and Australian law is found applicable, plaintiffs will be limited only by the existing civil liability of the place where the tort occurred. An examination of the Australian High Court judgments on the rule can help resolve some of the uncertainty regarding it.

Conflict of laws, international, Tort law

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