Dr Katharine Kemp

BCom, LLB (Hons) (Qld), LLM (Stellenbosch), PhD (UNSW)

Dr Katharine Kemp is a Lecturer at the Faculty of Law, UNSW Sydney. Katharine’s research focuses on competition law (particularly misuse of market power), consumer protection and data privacy in financial services regulation. She has published widely in these fields, including "Misuse of Market Power: Reform and Rationale" (Cambridge University Press, 2018), "Competition Law of South Africa" (LexisNexis) with PJ Sutherland, and numerous peer-reviewed journal articles. 

Katharine is the Co-Leader of the "Data as a Source of Market Power" research stream for The Allens Hub for Technology, Law and Innovation, with Dr Rob Nicholls of the UNSW Business School. She is also the convenor of the new postgraduate course, "Financial Law and Regulation in the Age of Fintech" (LAWS8174), offered for the first time in 2018, and lectures Contracts at UNSW Law. 

Before joining the faculty, Katharine was a Research Fellow on the UNSW Digital Financial Services Research Team, conducting in-depth research into the regulation of digital financial services in developing countries in particular, including through fieldwork in these countries. 

She has also practised as a commercial lawyer at Allens, as a barrister in Melbourne, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa. 

Katharine completed her PhD on the topic "Misuse of Market Power: Rationale and Reform", for which she received the UNSW Law PhD Excellence Award, and was appointed as Garth Nettheim Doctoral Teaching Fellow in 2015. 

She is a Member of the Centre for Law and Market Regulation, a Member of the Australian Privacy Foundation and a Member of the Advisory Board of the Future of Finance Initiative in India.

Books

Kemp K, 2018, Misuse of Market Power: Rationale and Reform, Cambridge University Press, http://dx.doi.org/10.1017/9781316882566

Sutherland P; Kemp K, 2000, Competition Law of South Africa Service

Conference Papers

Kemp K, 2017, 'The Next Chapter in Australia's Misuse of Market Power Law: Are We Killing the Tiger While it is Young?', Competition Law Conference, Sydney, presented at Competition Law Conference, Sydney, 06 - 06 May 2017

Journal articles

Kemp KR, 2018, 'Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct', Australian Journal of Competition and Consumer Law, http://dx.doi.org/10.2139/ssrn.3289403

Didenko A; Kemp K; Malady L; Buckley R, 2018, 'Restricted Banking Licences: An Opportunity to Be Seized', JOURNAL OF BANKING AND FINANCE LAW AND PRACTICE, vol. 29, pp. 57 - 66, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000430562500004&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Kemp KR, 2017, ''The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power', University of New South Wales Law Journal, vol. 40, pp. 493 - 493, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2977116

Kemp K; Buckley RP, 2017, 'Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model', Georgetown Journal of International Affairs, vol. 18, pp. 35 - 46

Kemp K; Buckley RP, 2017, 'RESOLUTION POWERS OVER E-MONEY PROVIDERS', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 40, pp. 1539 - 1557, http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcApp=PARTNER_APP&SrcAuth=LinksAMR&KeyUT=WOS:000428112200011&DestLinkType=FullRecord&DestApp=ALL_WOS&UsrCustomerID=891bb5ab6ba270e68a

Kemp KR, 2017, 'A Unifying Standard for Monopolization: Objective Anti competitive Purpose', Houston Journal of International Law, vol. 39, pp. 113 - 113

Kemp KR, 2016, 'Taking Advantage' and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct', Monash University Law Review, vol. 41, pp. 655 - 695

Kemp KR, 2015, 'The case against 'French J's Arsonist'', Australian Business Law Review, vol. 43, pp. 228 - 228, http://ssrn.com/abstract=2726901

Kemp KR, 2014, 'Uncovering the Roots of Australia’s Misuse of Market Power Provision: Is it Time to Reconsider?', Australian Business Law Review, vol. 42, pp. 329

Kemp K, 2005, 'The Significance of Consideration Paid for Post-employment Restraints in England and Germany', Stellenbosch Law Review, vol. 16, pp. 257 - 257

Reports

Bennett Moses L; Buckley R; Johns F; Greenleaf G; Kemp K; De Leeuw M; Manwaring K; Maurushat A; Zalnieriute M, 2018, Response to Issues Paper on Data Sharing and Release, https://www.pmc.gov.au/sites/default/files/public-submissions/data-sharing-2018/20684.pdf

Kemp K; Nicholls R, 2018, Submission to the Australian Treasury on the Treasury Laws Amendment (Consumer Data Right) Bill 2018 - Exposure Draft, https://treasury.gov.au/sites/default/files/2019-03/t329531-Kemp-and-Nicholls.docx

Kemp K; Vaile D, 2018, Submission to the Australian Treasury on the Review into Open Banking in Australia Final Report, https://treasury.gov.au/sites/default/files/2019-03/T282002-Kemp-and-Vaile.docx

Kemp K; Didenko A; Malady L; Buckley R, 2017, Submission on the APRA Discussion Paper on Licensing: A Phased Approach to Authorising New Entrants to the Banking Industry

Kemp K, 2016, 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”

Kemp K, 2016, Submission to the Australian Treasury on Options to Strengthen the Misuse of Market Power Law Discussion Paper, “A Third Way: Objective Anticompetitive Purpose”

Kemp K, 2014, 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"

Competition law; consumer law; misuse of market power; data privacy regulation.