Strategic entry deterrence : does it constitute a misuse of market power?

A challenge for regulators and the courts has been establishing the boundary between behaviour is exclusionary and should be condemned under s 46 of the then Trade Practices Act 1974 (Cth) (TPA), now s 46 of the Competition and Consumer Act 2010 (Cth) (CCA), and behaviour that is not exclusionary and might even be pro-competitive. This boundary can be especially difficult to draw in the case of entry deterring strategies. Section 46(1) prohibits corporations with a substantial degree of market power from taking advantage of that market power for one of the statutorily proscribed purposes which include preventing the entry of a person into that or any other market. Section 45(2) separately prohibits corporations from making and giving effect to contracts arrangements and understandings that have the purpose, effect or likely effect of substantially lessening competition in a market. The latest case in which the ACCC has failed to satisfy the s 46 criteria is the decision of Greenwood J in ACCC v Cement Australia Pty Ltd [2013] FCA 909 (Cement Australia case). Final orders were published in a separate judgment, in ACCC v Cement Australia Pty Ltd [2014] FCA 148 (28 February 2014). The case concerned an entry deterring strategy, namely the pre-emptive buying of input factors in an upstream market to protect an incumbent with substantial market power in a downstream market and to prevent new entry in the downstream market. Greenwood J found that while Cement Australia Pty Ltd, formerly known as Queensland Cement Ltd (QCL), had substantial market power, its conduct in entering into the pre-emptive contracts was not a contravention of s 46, because Cement Australia had not “taken advantage” of its market power. However, since Cement Australia’s purpose in entering into the pre-emptive contracts was anti-competitive, they were held to contravene s 45(2) of the TPA. The purpose of this Note is to consider only the reasons for judgment in the Cement Australia case in relation to the “taking advantage” element. The judgment was handed down on 10 September 2013. The final hearing date was 15 July 2011, so it was long-awaited. At 714 pages, it is carefully drafted.

Where do consumers draw the line? : an investigation of deviant consumer behaviour

Using mixed-methods, this research investigated why consumers engage in deviant behaviors. It found that there is significant variation in how consumers perceive right and wrong, which calls for more tailored deterrence strategies to challenge how consumers justify deviant behaviours. Specifically, individuals draw on a number of factors when assessing right and wrong. While individuals agree on the polar acceptable and unacceptable behaviours, behaviours in between are questionable. When social consensus varies on a behaviour's acceptability, so to do the predictors of deviant behaviour. These findings contribute to consumer deviance and consumer ethics research.

Paediatric death and dying: Exploring coping strategies of health professionals and perceptions of support provision

Without question a child’s death is a devastating event for parents and their families. Health professionals working with the dying child and family draw upon their expertise and experience to engage with children, parents, and families on this painful journey. A delicate and sensitive area of practice, it has strong and penetrating effects on health professionals. They employ physical, emotional, spiritual and problem solving strategies to continue to perform this role effectively and to protect their continued sense of well-being. Aim To explore health professionals’ perceptions of bereavement support surrounding the loss of a child. Methods The research was underpinned by social constructionism. Semi-structured interviews were held with 10 health professionals including doctors, nurses and social workers who were directly involved in the care of the dying child and family in 7 cases of paediatric death. Health professional narratives were analysed consistent with Charmarz’s (2006) approach. Results For health professionals, constructions around coping emerged as peer support, personal coping strategies, family support, physical impact of support and spiritual beliefs . Analysis of the narratives also revealed health professionals’ perceptions of their support provision. Conclusion Health professionals involved in caring for dying children and their families use a variety of strategies to cope with the emotional and physical toll of providing support. They also engage in self-assessment to evaluate their support provision and this highlights the need for self-evaluation tools in paediatric palliative care.

Improving the impact of luminance contrast on the window appearance in a conventional office room: Using supplementary lighting strategies

High contrast ratios between windows and surrounding surfaces could cause reduced visibility or discomfort for occupants. Consequently, building users may choose to intervene in lighting conditions through closing blinds and turning on the lamps in order to enhance indoor visual comfort. Such interventions increase projected electric lighting use in buildings. One simple method to prevent these problematic issues is increasing the luminance of the areas surrounding to the bright surface of windows through the use of energy-efficient supplementary lighting, such Light Emitting Diodes (LEDs). This paper reports on the results of a pilot study in conventional office in Brisbane, Australia. The outcomes of this study indicated that a supplementary LED system of approximately 18 W could reduce the luminance contrast on the window wall from values in the order of 117:1 to 33:1. In addition, the results of this experiment suggested that this supplementary strategy could increase the subjective scale appraisal of window appearance by approximately 33%, as well as reducing the likelihood of users’ intention to turn on the ceiling lights by about 27%. It could also diminish the likelihood of occupants’ intention to move the blind down by more than 90%.

Open innovation in small and medium-sized enterprises (SMEs): External knowledge sourcing strategies and internal organizational facilitators

In this paper we explore how small and medium-sized enterprises (SMEs) engage in external knowledge sourcing, a form of inbound open innovation. We draw upon a sample of 1,411 SMEs and empirically conceptualize a typology of strategic types of external knowledge sourcing, namely minimal, supply-chain, technology-oriented, application-oriented, and full-scope sourcing. Each strategy reflects the nature of external interactions and is linked to a distinct mixture of four internal practices for managing innovation. Both full-scope and application-oriented sourcing offer performance benefits and are associated with a stronger focus on managing innovation. However, they differ in their managerial focus on strategic and operational aspects.

Where do consumers draw the line? Factors informing perceptions and justifications of deviant consumer behaviour

Deviant consumer behaviour in the marketplace is an ongoing problem causing harm to the organisation, employees, and other consumers. To address this problem, this study explores consumer perceptions of right and wrong using the novel concept of a deviance threshold – the mental line in the sand dictating right and wrong. Using consumer-based interviews with a card-sort activity, findings supported and extended dimensions proposed to explain why some behaviours are perceived as more serious or unethical than others. Moreover, why specific neutralisation techniques are used and how they affect categorisations of behaviours within an individual’s deviance threshold is explained. This study offers alternative strategies tailored to challenging consumer justifications to curb deviance. Implications support abandoning the universal approach to deterrence.