Anti-Cartel or Anti-Foreign? Australian Attitudes to Anti-Competitive Behaviour before the First World War

摘要

More than a century elapsed between Australia's first legislative attempts to modify anticompetitive behaviour (the Australian Industries Preservation Act 1906) and its most recent efforts to criminalise price fixing (Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009). After a burst of activity in the first decade of Federation, the intervening years saw only sporadic interest by governments to promote competitive markets, with limited impact until the late 1960s. This paper assesses the first period of Australia's attempts to promote competition. It traces the political, economic and social environments of anticompetitive business behaviour in Australia from 1901 up to World War I. We suggest that Australia's initial forays into regulating cartels were motivated more by protectionist aims than by efforts to increase competition, which in part also explains the next half-century of legislative apathy towards anti-competitive legislation.