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, 2018) monograph, sole author
Competition Law of South Africa (LexisNexis, 2005–present, updated annually), co-author with P J Sutherland

Referreed journal articles:

K Kemp, "Misuse of Market Power in Australian and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct" (2018) Australian Journal of Competition and Consumer Law (forthcoming)
A Didenko, K Kemp, L Malady and R Buckley, "Restricted Banking Licences: An Opportunity to Be Seized" (2018) Journal of Banking & Finance Law & Practice (forthcoming)
K Kemp and R P Buckley, "Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model" (2017) 18(3) Georgetown Journal of International Affairs 35
K Kemp and R P Buckley, "Resolution Powers Over E-money Providers" (2017) 40 University of New South Wales Law Journal 1539
K Kemp, "'The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power’" (2017) 40 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 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 Australian Treasury on the Review into Open Banking in Australia Final Report, with D Vaile, 23 March 2018
Submission on the Australian Prudential Regulation Authority Discussion Paper on Licensing: A Phased Approach to Authorising New Entrants in the Banking Industry, with A Didenko, L Malady and R Buckley, 30 November 2017
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:

"The Need for Boundaries: Respecting Consumer Privacy in Our Data Practices", presented at Customer Centricity: Enabling Financial Choices and Positive Outcomes for Low-Income Customers, Mamallapuram, India, 22 February 2018
"Is Big Data a Game Changer or a Privacy Threat?", presented at Women's World 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: 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 Sydney, 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:

"94% of Australians Do Not Read All Privacy Policies that Apply to Them - And That's Rational Behaviour" (The Conversation, 14 May 2018)
"Soft Terms Like 'Open' and 'Sharing' Don't Tell the True Story of Your Data" (The Conversation, 1 May 2018)
“The Need for Boundaries: Respecting Financial Consumer Data Privacy” (Dvara Research Blog, 9 March 2018)
"Open Banking Report Recognises Consumer Data Security and Privacy Issues But the Solution is Yet to be Settled" (Centre for Law, Markets and Regulation Blog, 9 February 2018)
"Australia's New Misuse of Market Power Law: In Brief" (Centre for Law, Markets and 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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