Can Australia Compete

In this in-depth overview of Australia's economy, Michael Enright and Richard Petty — leading scholars on international competition—look at the data behind the news reports to offer a complete view of Australia's stable and wealthy economy. The book compares Australia with other similarly sized OECD economies as well as other Asia-Pacific economies and looks at fifteen international sources of data on competitiveness. It features a large-scale survey on Australian companies and offers deep insight on the country's future in terms of economics and economic policy. Revealing an honest assessment of Australia's true position in the world, the book looks at how Australian businesses see themselves and offers policy positions for government and firms to make the most of Australia's unique global economic position. Backed by CPA Australia, one of the world's largest accounting bodies Written by two global authorities on economic competitiveness Captures the thinking of more than 6,000 business leaders both within and outside of Australia Explains how Australia has weathered the global recession and looks at Australia's relationship with China For business leaders and policy makers in need of an in-depth look at the current and future state of Australia's economy, this book offers valuable and comprehensive information.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Australia covers every aspect of the subject the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Competitive pressure is essential to good economic performance. But many are concerned that it is waning. They say large firms are dominating markets, pushing up prices and profits, squeezing suppliers, and slowing growth in wages and productivity. They point to the consolidation of old industries and the rise of new ones dominated by large firms. Is competitive pressure in Australia weak? Is it waning? How costly to Australia is market power? This report assesses the evidence. It then proposes policies to increase competitive pressure.

Technology is now the defining element of the Trump administration’s self-professed “strategic competition” with China. Washington is highly attuned to the long-term consequences and links between scientific progress, technological adaptation and national power in burgeoning US-China competition. Policymakers are attempting to balance efforts to maintain the open and global foundations of US and allied research and development systems, while deterring those that abuse its accessible and integrated nature. While President Donald Trump has been highly inconsistent on technological issues, Congress and the executive branch have slowly moved forward in executing the 2017 National Security Strategy and protecting what it termed the US National Security Innovation Base. Congress and the Trump administration have embarked on a ponderous — and at times heavy-handed — effort to protect America’s technological advantage across multiple domains and through actions by several branches of government. Congress has expanded the powers of the Committee of Foreign Investment to review non-controlling investments in technology companies. New export controls are being rolled out which feature vastly more expansive definitions of “foundational” and “emerging” technologies, broadening their scope and potential reach. The Department of Justice has launched a major criminal justice campaign labelled the “China Initiative”, with the goal of prosecuting technology theft and enforcing existing regulations in every US state. Draft bills indicate the likely expansion of Congressional reform to halting the flow of US government funds flowing to overseas partners also involved in joint high-tech research and development (R&D) with China, affecting third parties like Australia. Australia will be significantly affected by Washington’s unravelling of the US-China technological relationship, owing to its deep enmeshment with America’s scientific infrastructure. To navigate these changes in the national interest, Canberra must consider the following. Australia will face growing pressure to limit its science and technology interaction with China in critical dual-use fields in order to maintain technological collaboration with the United States in some emerging technologies, and may even be required to adopt restrictive export control policies. Australian research by universities, defence industry, business and government agencies will be seriously impacted by the United States’ expanded export control reform. Canberra should continue to lobby US policymakers on solutions, such as providing exemptions under the National Technology and Industrial Base framework. As the global technological ecosystem becomes more nationalised, securitised and difficult to navigate for industry and governments alike, Australia should implement a national research and development strategy that builds its own technological ‘counterweight.’