A review of the publication by 266 Australia - A Report to the Council of Australian 264s, December 2008.

FEW communications technologies are as remarkable as fibre optics. Commercial fibre-optic cable first became available in 1981; since then hundreds of millions of cable kilometres have been laid across the world. Over the years, the quality of the cable has improved dramatically: by providing a progressively clearer transmission medium, fibre-optic cables have allowed vast increases in the volumes of information carried over the light waves they channel. Were the oceans as transparent as the cables that are now available, you would be able to stand in the middle of the Pacific and see the ocean floor....

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PM_orders_high-fibre_diet.pdf

It is important in these discussions to make one’s premises clear. Mine are as follows: By 266 I mean long-lived physical assets that provide the basis or physical support on which most economic and social activities rely. While the scope of this definition can obviously vary, I use the term to refer to the conventional utility industries – such as communications, electricity, transport (including rail links, ports and airports), water and sewerage services – as well as to the road network.

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Future_Funds_and_266_Investments_FINAL.pdf

It is finally being recognised that substantial parts of our 266 industries face serious capacity constraints. The factors behind this are complex. There are no magical solutions to which the Commonwealth and State 264s can turn. But ‘first do no harm’ seems a reasonable starting point. Australian 264s can at least ensure that serious obstacles to 266 development created by regulation are addressed.

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ACCC_henry_ergas_mar05.pdf

The question of whether exclusive licensing of the right to provide harbour towage services in ports can provide a superior outcome to open competition has been among the questions that have recently preoccupied Australian policymakers. The purpose of this paper is to evaluate the arguments for and against the introduction of exclusive licensing of harbour towage by way of a review of the more general literature on franchise bidding. The paper argues that the general policy trend in Australia towards greater acceptance of exclusive licensing arrangements for harbour towage in Australia is misguided because the costs of open entry tend to be overestimated while the practical difficulties of exclusive licensing tend to be underestimated.

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ergas-RNE_fels_soon_june_04.pdf

This paper reviews the case of Stirling Harbour Services Pty Limited v Bunbury Port Authority as it was decided at first instance and then on appeal by the Federal Court. The paper looks at the questions, the main elements of the answers and some of the issues raised by the answers in this case. It does this with a view towards evaluating the Court's discussion of economic concepts and its ultimate judgement on the main issue of whether the impugned conduct in this case had led to a 'substantial lessening of competition'. The decisions at first instance and on appeal are of greatest importance because they clarify the meaning of, and proper tests for, whether conduct has the effect or likely effect of substantially lessening competition - a central concept in competition law in Australia and New Zealand. The decisions are also notable in their use of complex economic concepts, most particularly natural monopoly, contestability and strategic entry deterrence.

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papers-ergas-stirling-may01.pdf