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University of New South Wales Faculty of Law Research Series

Faculty of Law, UNSW
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Moses, Lyria Bennett; Gollan, Nicola --- ""Thin" property and controversial subject matter: Yanner v Eaton and property rights in human tissue and embryos" [2013] UNSWLRS 31

Last Updated: 22 May 2013

When the State Harms Competition ― The Role for Competition Law

Eleanor M. Fox, New York University Law School
Deborah Healey University of New South Wales

This paper is available for download at Available at


This paper was included as NYU Law and Economics Research Paper No. 13-11. This paper may also be referenced as [2013] UNSWLRS 31.


This article is about the reach of antitrust laws to proscribe or override anticompetitive acts and measures of the states. While it was once the case that antitrust (or competition) laws were reserved for private restraints, a more modern view of the state and the market recognizes the integral relationship between them. The authors surveyed 32 jurisdictions and found that antitrust/competition laws of a number of jurisdictions condemned certain state acts and measures. This article describes and summarizes the research and combines the research findings with conceptual analysis to recommend relevant rules and principles that might be adopted as recommended principles and included in a model modern competition law.

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