Promoting Economically Efficient Use of, and Investment in, Infrastructure in Australia: The Role of the ‘Essential Facilities’ Regime

Posted by Social Science Research Network

Promoting Economically Efficient Use of, and Investment in, Infrastructure in Australia: The Role of the ‘Essential Facilities’ Regime

Russell Miller AM (Centre for Strategy and Governance)

Abstract:      This article traces the development of the essential facilities doctrine in Australia, a doctrine enshrined in the country’s competition statute. It compares development of the law in Australia with that of the United States and asks whether or not the Australian statutory provisions continue, in the longer term, to be necessary to promote the economically efficient use of, and investment in, infrastructure in Australia. An earlier version of the article was published in the Australian Journal of Competition and Consumer Law (Thomson Reuters June 2015).