Dr Katharine Kemp

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

Dr Katharine Kemp is a Senior Lecturer at the Faculty of Law, UNSW Sydney, and Academic Lead of the UNSW Grand Challenge on Trust.

Katharine’s research focuses on competition law (particularly misuse of market power), consumer protection and data privacy regulation. She has published widely in these fields, including "Misuse of Market Power: Rationale and Reform" (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 postgraduate course, "Financial Law and Regulation in the Age of Fintech" (LAWS8174), 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.


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

Journal articles

Kemp K; Greenleaf G, 2020, 'Competition and consumer watchdog spurs Australian privacy changes', Privacy Laws & Business International Report, pp. 25 - 28

Kemp K, 2020, 'Concealed data practices and competition law: why privacy matters', European Competition Journal, pp. 628 - 672, http://dx.doi.org/10.1080/17441056.2020.1839228

Greenleaf G; Kemp K, 2020, 'Australia's 'COVIDSafe' Law for a Voluntary Contact Tracing App', Privacy Laws & Business International Report, pp. 1 - 6

Greenleaf G; Kemp K, 2020, 'Australia’s COVIDSafe Experiment, Phase III: Legislation for Trust in Contact Tracing', SSRN Electronic Journal, http://dx.doi.org/10.2139/ssrn.3601730

Didenko A; Kemp K; Malady L; Buckley RP, 2018, 'Restricted Banking Licences: An Opportunity to Be Seized', Journal of Banking & Finance Law and Practice, vol. 29, pp. 57 - 66, http://dx.doi.org/10.2139/ssrn.3146666

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

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://www.unswlawjournal.unsw.edu.au/issue/volume-40-no-4-2/

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 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


Kemp K, 2020, Submission in Response to the Australian Competition & Consumer Commission Ad Tech Inquiry Issues Paper, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3587239

Bennett Moses L; Churches G; Zalnieriute M; Byrnes A; Scully J; Kemp K; Greenleaf G, 2020, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3595109

Kemp K, 2019, Submission to Treasury on the ACCC Digital Platforms Inquiry Final Report

Kemp K; Nicholls R, 2019, Submission in response to ACCC Digital Platforms Inquiry Draft Report

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

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

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; Didenko A; Malady L; Buckley R, 2015, Submission to the Australian Payments Plan Consultation: Shaping the Future of Australian Payments

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"

Kemp K, 2014, The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power, Elsevier BV, http://dx.doi.org/10.2139/ssrn.2731481


Conference Papers

Kemp K, 2020, 'Concealed Data Practices and Competition Law', New York University, New York, USA, presented at NYU/ABA Next Generation of Antitrust, Data Privacy and Data Protection Scholars Conference, New York University, New York, USA, 29 January 2020

Kemp K, 2019, 'Substantial Lessening of Competition under the New Section 46: Will We Know it When We See it?', Sydney, presented at Competition Law Conference, Sydney, 25 May 2019

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

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

Kemp K; Manwaring K, 2020, Australia’s privacy watchdog is taking Facebook to court. It’s a good start, https://theconversation.com/australias-privacy-watchdog-is-taking-facebook-to-court-its-a-good-start-133345

Kemp K, 2020, The US is taking on Google in a huge antitrust case. It could change the face of online search, https://theconversation.com/the-us-is-taking-on-google-in-a-huge-antitrust-case-it-could-change-the-face-of-online-search-148519

Kemp K, 2020, The ACCC is suing Google for misleading millions. But calling it out is easier than fixing it, https://theconversation.com/the-accc-is-suing-google-for-misleading-millions-but-calling-it-out-is-easier-than-fixing-it-143447

Kemp K, 2020, Every step you take: why Google’s plan to buy Fitbit has the ACCC’s pulse racing, https://theconversation.com/every-step-you-take-why-googles-plan-to-buy-fitbit-has-the-acccs-pulse-racing-141052

Kemp K; Greenleaf G, 2020, The COVIDSafe bill doesn’t go far enough to protect our privacy. Here’s what needs to change, https://theconversation.com/the-covidsafe-bill-doesnt-go-far-enough-to-protect-our-privacy-heres-what-needs-to-change-137880

Kemp K; Nicholls R, 2020, No more negotiating: new rules could finally force Google and Facebook to pay for news, https://theconversation.com/no-more-negotiating-new-rules-could-finally-force-google-and-facebook-to-pay-for-news-136718

Kemp K, 2019, The ACCC is suing Google over tracking users. Here’s why it matters, https://theconversation.com/the-accc-is-suing-google-over-tracking-users-heres-why-it-matters-126020

Kemp K, 2019, Here’s how tech giants profit from invading our privacy, and how we can start taking it back, https://theconversation.com/heres-how-tech-giants-profit-from-invading-our-privacy-and-how-we-can-start-taking-it-back-120078

Kemp K; Nicholls R, 2019, The federal government’s response to the ACCC’s Digital Platforms Inquiry is a let down, https://theconversation.com/the-federal-governments-response-to-the-acccs-digital-platforms-inquiry-is-a-let-down-128775

Nicholls R; Kemp K, 2019, Consumer watchdog calls for new measures to combat Facebook and Google’s digital dominance, https://theconversation.com/consumer-watchdog-calls-for-new-measures-to-combat-facebook-and-googles-digital-dominance-120077

Kemp K, 2018, ACCC wants to curb digital platform power – but enforcement is tricky, https://theconversation.com/accc-wants-to-curb-digital-platform-power-but-enforcement-is-tricky-107791

Kemp K, 2018, 94% of Australians do not read all privacy policies that apply to them – and that’s rational behaviour, https://theconversation.com/94-of-australians-do-not-read-all-privacy-policies-that-apply-to-them-and-thats-rational-behaviour-96353

Kemp K; Vaile D, 2018, Soft terms like ‘open’ and ‘sharing’ don’t tell the true story of your data, https://theconversation.com/soft-terms-like-open-and-sharing-dont-tell-the-true-story-of-your-data-95521



Opinion|19 Apr 2021
A world first: Federal Court rules Google has misled users on personal location data
The current review of the Federal Privacy Act could be the beginning of a process to obtain fairer privacy practices for consumers. But any reforms from this review will be a long time coming.
Opinion|29 Jul 2020
The ACCC is suing Google for misleading millions. But calling it out is easier than fixing it
Following a privacy policy change in 2016, Google has collected users' data from third-party websites and apps. The ACCC argues users were misled into signing away their privacy.
Thought leadership|28 Jul 2020
Trust Exercise: a new podcast explores ‘trust’ from different perspectives
UNSW’s Grand Challenge on Trust reaches a broader audience in fortnightly conversations with national and international thought leaders. 
Opinion|25 Jun 2020
Every step you take: why Google's plan to buy Fitbit has the ACCC's pulse racing
The watchdog has voiced concerns over the proposed US$2.1 billion merger, from which both users and Australian health services could lose out.
Opinion|13 May 2020
Some improvements required to the COVIDSafe Bill before Parliament
While the government's COVIDSafe Bill has made significant improvements in the last two weeks, substantial concerns remain, according to UNSW experts.
Opinion|Thought leadership|07 May 2020
The COVIDSafe Bill: privacy protections improved, but more needed
UNSW experts discuss the improvements and remaining deficiencies of the Bill and why the “Google knows everything about you anyway” argument is insufficient.
Opinion|01 May 2020
Australia's COVIDSafe App needs more legal protections and transparency to gain trust
The contract tracing scheme will need to be amended to win the trust of those currently undecided, say UNSW experts.
Opinion|Thought leadership|27 Apr 2020
No more negotiating: new rules could finally force Google and Facebook to pay for news
As news media revenues tumble still further amid the COVID-19 recession, the government has pledged mandatory rules to force tech giants to pay for using news content.
Opinion|21 Apr 2020
Privacy and health: COVID-19 tracking apps
The government is working on an app to track our contacts but, first, it will need to pick up its privacy act.
Opinion|30 Mar 2020
Australia's largest supermarkets have green light to act as a cartel: we need limits on this power
Other stakeholders need a seat at this table to decide matters of social equity and competitive significance.
Opinion|30 Mar 2020
Australia's privacy watchdog is taking Facebook to court. It's a good start
Five years ago, Facebook gave away personal data of more than 300,000 Australians. They're about to have their day in court.
Research|25 Feb 2020
The next Grand Challenge: building systems worthy of trust
Dr Katharine Kemp from UNSW Law is leading the Grand Challenge on Trust, focusing on experts, institutions and data practice.
Opinion|13 Dec 2019
The federal government's response to the ACCC's Digital Platforms Inquiry is a let down
The ACCC's inquiry was launched to address concerns about the market power of major digital platforms, such as Google and Facebook, and their impact on Australia's businesses and media.
Opinion|30 Oct 2019
The ACCC is suing Google over tracking users. Here's why it matters
Regulators are beginning to tackle big tech companies' hidden use of consumer data.
Research|Thought leadership|23 Aug 2019
UNSW Sydney represented in World Legal Summit
An international legal summit co-sponsored by UNSW Law earlier this month brought together legal practitioners and technology experts to better understand and compare important issues in technology governance worldwide.
Opinion|12 Aug 2019
Here's how tech giants profit from invading our privacy, and how we can start taking it back
An entire industry exists to trade on your personal data - everything from your shopping habits to your political views and medical conditions. The results can genuinely harm consumers.
Opinion|31 Jul 2019
Consumer watchdog calls for new measures to combat Facebook and Google's digital dominance
The Australian Competition and Consumer Commission says the sheer dominance of Google and Facebook has distorted other businesses' ability to compete on their own merits.