The Bannerman Competition Lecture provides an annual forum for eminent competition practitioners to deliver new ideas and perspectives, which the community can debate. The lecture is co-hosted by the ACCC and the Business Law Section of the Law Council of Australia.
The lecture is a fitting tribute to Ron Bannerman’s enormous influence on the promotion and acceptance of competition law in this country. Ron Bannerman AO was the first and only Commissioner of Trade Practices from 1966 to October 1974. He was appointed Chairman of the Trade Practices Commission (a forerunner to the ACCC) on its establishment in October 1974 and held the post until his retirement in December 1984.
See also: Former Chairs & Commissioners
Thursday 22 February 2018
The Common Law and Competition Law
By Hon Jayne Jagot, Justice of the Federal Court, Australia.
The paper will explore why the common law did not develop coherent principles for ensuring effective competition. To do so would have required a coordinated and ideologically motivated project impossible to carry out under Anglo-Australian common law traditions. Legislation was required. In the United States, the Sherman Act and later developments in anti-trust law represent compromises reached through relatively open ideological debate. In the United Kingdom and Australia, where legislation with clear ideological undertones is less acceptable, reform was reached through a gradual process of consensus-building. In this way, Parliament achieved what the courts could not: a holistic approach to competition law, focused not on protecting the individual rights and interests of particular competitors through disparate doctrines, but on promoting general market efficiency and consumer welfare through legislative schemes such as the 1965 and 1974 Trade Practices Acts.
For enquiries please contact: Bannerman@accc.gov.au
- Bannerman Competition Lecture 2017
- Bannerman Competition Lecture 2016
- Bannerman Competition Lecture 2015