Up-to-date analysis of key developments in Australian competition law



Insights informed by commercial understanding and practical application



Bringing together legal and economic expertise



Informed by international developments; focused on Australian issues

Australia’s home of competition analysis


Welcome to The State of Competition, Australia’s home of competition law analysis. The State of Competition provides regular analysis of key issues in Australian competition law and economics.

The State of Competition is published by Alexandra Merrett, Rachel Trindade and Rhonda Smith, experienced practitioners in the field of Australian competition law and economics. You can find out more about us - including brief bios, selected publications and contact details - by following the links below.

Issue 24: The ongoing relevance of counterfactuals

This issues considers the “take advantage” element of section 46 (misuse of market power) & its application via the counterfactual. Is it as difficult as so often stated? What could (should) be done instead? Whatever happens next, the counterfactual will be around for a while – both as old conduct comes to light and as the courts continue to search for a causal link Continue Reading

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Recent Issues

Follow the archives link to see past issues of The State Of Competition

Issue 23: Competition policy for the oligopoly economy
Issue 22: The pros & cons of learning from overseas
Issue 21: 2014 - the year of SLC
Issue 20: Re-writing s46
Issue 19: Private litigation in Australia