Antitrust regimes in the Pacific region

This On-Topic considers the competition regimes of the Pacific jurisdictions of Australia, French Polynesia and New Caledonia in the context of their respective market conditions. It seeks to determine whether there is uniformity in approach in the region, but finds that each jurisdiction has enacted a law considered suitable to its own particular needs. Despite significant differences, the competition laws of the Pacific jurisdictions and their enforcement are influenced by both French and European law. However, this does not mean that law enforcement will produce the same effects for businesses and consumers as in metropolitan France and in Europe. Indeed, geographical context, particularly insularity and spread out population, the small size of the economy, the newness of competition policy for business and politics worlds have specificities that might have an effect on the competition development in the Pacific region.

Introduction Deborah Healey Professor, University of New South Wales Law School, Sydney 1. Competition laws are economic statutes aimed at promoting and protecting competition in markets. While there is general agreement about the types of conduct deemed to be detrimental to competition, the form and content of competition laws vary. The political economies of individual jurisdictions, and particularly their legal systems and cultures, mean that enforcement of individual provisions is often approached quite differently from jurisdiction to jurisdiction. Even identical statutory provisions may be interpreted quite differently in different countries. 2. What constitutes an appropriate competition law or policy? Various factors influence the competition law and policy choices of

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  • Administrative Tribunal of French Polynesia (Papeete)
  • Polynesian Competition Authority (Papeete)
  • Australian Competition and Consumer Commission (Canberra)
  • New Caledonia Competition Authority (Nouméa)
  • University of New South Wales (Sydney)
  • Autorité polynésienne de la Concurrence (Papeete)
  • New Caledonia Competition Authority (Nouméa)
  • Autorité polynésienne de la Concurrence (Papeete)


Antonino Troianiello, Deborah Healey, Rod Sims, Jacques Merot, Tehono Marchal, Aurélie Zoude-Le-Berre, Robin Simpson, Stephane Retterer, Antitrust regimes in the Pacific region, November 2018, Concurrences Review N° 4-2018, Art. N° 88089, pp. 19-54

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