Publications by Katharine Kemp | Law

Publications by Katharine Kemp

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Publications and presentations


Misuse of Market Power: Rationale and Reform (Cambridge University Press), in production, monograph, sole author
Competition Law of South Africa (LexisNexis, 2005–present, updated annually), co-author with P J Sutherland

Referreed journal articles:

K Kemp and R P Buckley, "Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model" (2017) Georgetown Journal of International Affairs (forthcoming)
K Kemp and R P Buckley, "Resolution Powers Over E-money Providers" (2017) 40(4) University of New South Wales Law Journal (forthcoming)
K Kemp, "'The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power" (2017) 40(2) University of New South Wales Law Journal 493
K Kemp, "A Unifying Standard for Monopolization: Objective Anticompetitive Purpose" (2016) 39 Houston Journal of International Law 113
K Kemp, "'Taking Advantage' and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct" (2016) 41(3) Monash University Law Review 655
K Kemp, "The Case Against 'French J's Arsonist'" (2015) 43 Australian Business Law Review 228
K Kemp, “Uncovering the Roots of Australia’s Misuse of Market Power Provision: Is it Time to Reconsider?” (2014) 42 Australian Business Law Review 329
K Kemp, “The Significance of Consideration Paid for Post-employment Restraints in England and Germany” (2005) 16 Stellenbosch Law Review 257


“A Regulatory Diagnostic Toolkit (RDT) for Analysing the Regulatory Frameworks for Digital Financial Services in Emerging Markets” (2016), with Louise Malady, Cheng-Yun Tsang and Ross Buckley


Submission to the New Zealand Ministry of Business, Innovation & Employment on the Targeted Review of the Commerce Act 1986 Issues Paper, “A Third Way: Objective Anticompetitive Purpose”, 15 February 2016
Submission to the Australian Treasury on Options to Strengthen the Misuse of Market Power Law Discussion Paper, “A Third Way: Objective Anticompetitive Purpose”, 12 February 2016
Submission to the Competition Policy Review Committee, "The Under-Inclusive "Take Advantage" Standard, a Proposal for an Onus-Shifting Approach and the Canadian SLC Alternative", 17 November 2014
Submission to the Competition Policy Review Committee, "The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power", 29 May 2014

Select presentations:

"Is Big Data a Game Changer or a Privacy Threat?", presented at World Women's Banking Summit, Dar es Salaam, Tanzania, 25 October 2017
"Big Data Meets Regulation: Global Trends in Data Protection Regulation and the Governance of Privacy", presented at the Financial Technology Law Conference, Deakin Law School, Melbourne, 15 September 2017
"Big Data, Informed Consent and the General Data Protection Regulation", presented at the 9th Annual Digital Financial Services Summit, Sydney, 16 August 2017
"Big Data and Financial Inclusion: Regulating the Use of Data in Financial Services", presented at Dvara Research Conference on Designing Regulations for a Rapidly Evolving Financial System, Chennai, India, 5 August 2017
"The Next Chapter in Australia's Misuse of Market Power Law: Are We Killing the Tiger While it is Young?", presented at Competition Law Conference, Sydney, 6 May 2017
"Weaknesses in the Consent Model for Digital Financial Services Consumers in Developing Countries", presented at Responsible Finance Forum VIII, Berlin, Germany, 27 April 2017
“Would the Harper Review’s ‘Effects Test’ for Section 46(1) Capture or Deter Procompetitive Conduct?”, presented at the Sydney Competition Law Discussion Forum, Sydney, 18 February 2016
“Australia’s Rejection of an Effects-Based Test for Misuse of Market Power: Lone Genius or Outdated Anomaly?”, presented at the Centre for Law, Markets and Regulation Symposium, UNSW Law, 19 November 2015
“The Struggle for the Soul of Australia's First Competition Statute”, presented at the 33rd Annual Conference of the Australia and New Zealand Law and History Conference, Coffs Harbour, 11 December 2014
“Is There Unilateral Anticompetitive Conduct which Section 46(1) Fails to Address?”, presented at the Sydney Competition Law Discussion Forum, Sydney, 21 August 2014

Select Op Ed and Blog Posts:

"Australia's New Misuse of Market Power Law: In Brief" (Centre for Law & Market Regulation Blog, 31 August 2017)
"Financial Inclusion and the Right to Privacy" (LiveMint Online, 29 August 2017)
"Big Data, Financial Inclusion and Privacy for the Poor" (IFMR Trust Blog, 22 August 2017)

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