This article reviews the operative provisions of Part IIIA and examines their implementation to date. The article begins by tracing the development of the ‘essential facilities doctrine’ (a judicial response to the essential facilities problem) in the United States. With that discussion as background, Australia’s decision to enact a separate regime to govern access to essential facilities is then explained. This is followed by a detailed consideration of the legislative requirements of Part IIIA, together with an analysis of recent access proceedings. The article ends on a positive note, concluding that, with some streamlining of regulatory function, the access regime is set to fulfil its intended role in National Competition Policy.
Marshall, Brenda and Mulheron, Rachael
"Access to ‘Essential Facilities’ Under Part IIIA of the Trade Practices Act: Implementing the Legislative Regime,"
Bond Law Review:
1, Article 6.
Available at: http://epublications.bond.edu.au/blr/vol10/iss1/6