The Man from Mars would have done better: A commentary on the declaration and Arbitration Provisions of the access regime under Part IIIA of the Trade Practices Act
AbstractThis paper looks at the Declaration and Arbitration provisions of the Trade Practices Act’s PART IIIA Access Regime. It outlines what access regimes are all about and the characteristics of facilities subject to access regimes. It introduces some of the problems with adjudication and the misuse of market power law versus the access regime. Finally it discusses if the access regime is too wide and if it should be limited to governmental entities and corporatised or privatised governmental entities.
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