Footnotes

Chapter 1

[1]        The Hon. Dr Criag Emerson, Second Reading Speech, House of Representatives Hansard, 27 May 2010, p. 4.

Chapter 2

[1]        The Hon. Dr Craig Emerson, Second Reading Speech, House of Representatives Hansard, 27 May 2010, p. 1.

[2]        Senate Economics References Committee, The effectiveness of the Trade Practices Act in protecting small business, March 2004, p. xviii and p. 64. Government (Coalition) Senators did not support this recommendation. p. 89.

[3]        The Hon. Dr Craig Emerson, Second Reading Speech, House of Representatives Hansard, 27 May 2010, p. 2.

[4]        See Mr Dave Poddar, Law Council of Australia, Proof Committee Hansard, 9 June 2010, p. 13.

[5]        The Hon. Dr Craig Emerson, Second Reading Speech, House of Representatives Hansard, 27 May 2010, p. 2.

[6]        The Hon. Dr Craig Emerson, Second Reading Speech, House of Representatives Hansard, 27 May 2010, p. 1.

[7]        The Hon. Craig Emerson, 'Government to secure powers to deal with creeping acquisitions', Media Release, 22 January 2010.

[8]        Standing Committee on Economics, Trade Practices (Creeping Acquisitions) Amendment Bill 2007, August 2008.

[9]        Senate Economics Legislation Committee, Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009.

[10]      Standing Committee on Economics, Trade Practices (Creeping Acquisitions) Amendment Bill 2007, August 2008, p. 9.

[11]      Senate Economics Legislation Committee, Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009, p. 26.

[12]      ACCC, 'Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries', July 2008, p. xxi.

[13]      The Hon. Dr Craig Emerson, Second Reading Speech, House of Representatives Hansard, 27 May 2010, p. 1.

[14]      Treasury, First Discussion Paper—Creeping Acquisitions, http://www.treasury.gov.au/documents/1409/PDF/Discussion%20Paper%20-20Creeping%20Acquisitions.pdf  (accessed 9 June 2010).

[15]      Treasury, Second Discussion Paper—Creeping Acquisitions, http://www.treasury.gov.au/documents/1530/PDF/Discussion_paper_Creeping_Acquisitions.pdf (accessed 9 June 2010).

[16]      Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009; Mr Tim Grimwade, Committee Hansard, 9 April 2010, p. 32.

[17]      Law Council of Australia, Submission 1, p. 2.

[18]      Mr Dave Poddar, Proof Committee Hansard, 9 June 2010, p. 9.

[19]      Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009; Dr Phillip Williams, Committee Hansard, 9 April 2010, p. 17.

[20]      Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009; Mr Milton Cockburn, Committee Hansard, 9 April 2010, p. 34.

[21]      Motor Trades Association of Australia, Submission 7, p. 2.

[22]      Sam McKeith, 'TPA reform wins few supporters', Australian Financial Review, 28 May 2010, p. 3.

[23]      Sam McKeith, 'TPA reform wins few supporters', Australian Financial Review, 28 May 2010, p. 3.

[24]      Sam McKeith, 'TPA reform wins few supporters', Australian Financial Review, 28 May 2010, p. 3.

[25]      Mr Ken Henrick, Proof Committee Hansard, 9 June 2010, p. 19.

[26]      Australian Gas Light Company v ACCC [2003] FCA 1525

[27]      Australian Gas Light Company v ACCC [2003] FCA 1525, paragraph 353. Justice French noted that the case 'does not appear to throw up any dispute between the parties that, whichever of their propounded markets is in issue, it is a 'substantial market' for the purposes of section 50(6).

[28]      Law Council of Australia, Submission 1, p. 3.

[29]      Mr Dave Poddar, Proof Committee Hansard, 9 June 2010, p. 13.

[30]      Business Council of Australia, Submission 5, p. 2.

[31]      Mr Dave Poddar, Proof Committee Hansard, 9 June 2010, p. 12.

[32]      Mr Gerard van Rijswijk, Proof Committee Hansard, 9 June 2010, p. 20.

[33]      Mr Dave Poddar, Proof Committee Hansard, 9 June 2010, p. 10.

[34]      Mr Dave Poddar, Proof Committee Hansard, 9 June 2010, p. 10.

[35]      Mr Gerard van Rijswijk, Proof Committee Hansard, 9 June 2010, p. 17.

[36]      National Association of Retail Grocers of Australia, Submission 4, p. 2.

[37]      National Association of Retail Grocers of Australia, Submission 4, p. 4.

[38]      Mr Gerard van Rijswijk, Proof Committee Hansard, 9 June 2010, p. 18.

[39]      Mr Andrew Deitz, Proof Committee Hansard, 9 June 2010, p. 5.

[40]      Mr Andrew Deitz, Proof Committee Hansard, 9 June 2010, p. 5. The proposed US Guidelines have been released for public comment: http://www.ftc.gov/os/2010/04/100420hmg.pdf (accessed 10 June 2010).

[41]      Horizontal Merger Guidelines: For public comment, Released 20 April 2010, p. 18; http://www.ftc.gov/os/2010/04/100420hmg.pdf (accessed 10 June 2010).

[42]      Motor Trades Association of Australia, Submission 7, p. 2.

[43]      NARGA, Submission 4, p. 5.

[44]      Master Grocers Australia, Submission 6, p. 2.

Chapter 3

[1]        Senate Economics Legislation Committee, 'The need , scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974', December 2008, p. 39.

[2]        Senate Economics Legislation Committee, 'The need , scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974', December 2008, p. 38.

[3]        The Hon. Dr Craig Emerson, 'Expert panel on Franchising', Media Release, http://www.franchise.org.au/lib/pdf/media/articles/2009/november/expert_panel_on_franchising.p Professor Bryan Horrigan, Mr David Lieberman and Mr Ray Steinwall have been appointed to the expert panel.df (accessed 10 June 2010).

[4]        Treasury, Department of Innovation, Industry Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, Appendix A. http://www.innovation.gov.au/Section/SmallBusiness/Documents/ExpertPanelReportUCC_FCCFinal100302.pdf (accessed 10 June 2010).

[5]        Treasury, Department of Innovation, Industry Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 23.

[6]        Treasury, Department of Innovation, Industry Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 26.

[7]        Treasury, Department of Innovation, Industry, Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 26.

[8]        Senate Economics Legislation Committee, 'The need , scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974', December 2008, p. 39.

[9]        Treasury, Department of Innovation, Industry Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 36.

[10]      Treasury, Department of Innovation, Industry Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. ix.

[11]      Submission by the RTAWA, pp. 2–3.

[12]      Submission by the Motor Traders Association of Australia, pp. 3–4.

[13]      Treasury, Department of Innovation, Industry, Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 29.

[14]      Treasury, Department of Innovation, Industry, Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. ix. http://www.innovation.gov.au/Section/SmallBusiness/Documents/ExpertPanelReportUCC_FCCFinal100302.pdf (accessed 10 June 2010).

[15]      This was also recommended by the expert panel. Treasury, Department of Innovation, Industry, Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 17. http://www.innovation.gov.au/Section/SmallBusiness/Documents/ExpertPanelReportUCC_FCCFinal100302.pdf (accessed 10 June 2010).

[16]      Mr Simon Writer, Proof Committee Hansard, 9 June 2010, p. 7.

[17]      Shopping Centre Council of Australia, Submission 3, p. 1. See also Treasury, Department of Innovation, Industry, Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. 20.

[18]      Australian Chamber of Commerce and Industry, Submission 3, p. 1.

[19]      Motor Trades Association, Submission 7, p. 2.

[20]      Mr Simon Writer, Proof Committee Hansard, 9 June 2010, p. 2.

[21]      Mr Stephen Ridgeway, Proof Committee Hansard, 9 June 2010, p. 14.

[22]      Senate Economics Legislation Committee, 'The need , scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974', December 2008, pp. 3–8.

[23]      Law Council of Australia, Submission 1, p. 5.

[24]      Mr Stephen Ridgeway, Proof Committee Hansard, 9 June 2010, p. 14.

[25]      Mr Dave Poddar, Proof Committee Hansard, 9 June 2010, pp. 14–15.

[26]      Mr Simon Writer, Proof Committee Hansard, 9 June 2010, p. 2.

[27]      Mr Simon Writer, Proof Committee Hansard, 9 June 2010, p. 7.

Minority Report by Senator Xenophon

[1]          Law Council of Australia, Submission 1, p. 5.

[2]          Associate Professor Frank Zumbo, University of NSW – Media Release, 27 May 2010.

[3]          Treasury, Department of Innovation, Industry Science and Research, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, February 2010, p. ix.