Declarations of essential services under part IIIA of the Trade Practices Act: A 'discipline' on access reform

Brenda Marshall, Rachel Mulheron

Research output: Contribution to journalArticleResearchpeer-review


This article systematically reviews the process of declaration under the access regime in Part IIIA of the Trade Practices Act 1974 (Cth). Its synthesis of legislative provisions, 1 cases, academic commentary and regulatory guidelines represents an important and necessary contribution to this nascent area of Australian competition law. In particular,its comprehensive analysis of the cases has permitted an informed assessment of the recent pronouncements of the Productivity Commission in respect of the declaration process under Part IIIA.
Original languageEnglish
Pages (from-to)226-265
Number of pages40
JournalUniversity of Western Australia Law Review
Issue number2
Publication statusPublished - 2003
Externally publishedYes


Cite this