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 18 – the cellophane fallacy

Unwrapping a fallacy: market definition, market power & cellophane While the cellophane fallacy is a recurring theme in competition law fairytales, you don’t often see it in real life. But in the recent Cement Australia (Flyash) decision, cellophane was front and centre. The decision raises questions about defining markets, applying the hypothetical monopolist test and even our approach to examining Continue Reading

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Recent Issues

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

Issue 17: the Harper Review needs you
Issue 16: The small business edition
Issue 15: 2013 in review
Issue 14: The effects vs purpose debate resumes
Issue 13: Has competitive neutrality run its course?
Issue 12: The Australian difference: is the public benefit test eroding?