From Protection to Competition: The politics of trade practices reform in Australia, 1st Edition (Hardback) book cover

From Protection to Competition

The politics of trade practices reform in Australia, 1st Edition

By Kerry Round, Martin Shanahan

Federation Press

256 pages

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Economists have explored the effect of restrictive practices on markets, and legal scholars have examined the legislation, policies and institutions in specific cases. This work takes a historical approach and examines the occurrence of cartels and other restrictive practices in Australia, their resilience, and the attempts to constrain them.

Fixing prices and rigging markets began with the First Fleet. Many practices were imported but home-grown firms embraced the anti-competitive culture. The small market size and population encouraged firms to stabilise their working environment. Colonial government legislation against these anti-competitive practices largely failed.

The first anti-trust legislation, passed in 1906, proved useless. Despite evidence of restrictive business practices, four Constitutional referendums to give the Federal government power to control trusts and monopolies failed, as did legislation in individual states.

Over the years business became so reliant on government-initiated price controls that they initiated their own regulations. Import restrictions and tariffs protected firms from competition. State legislation proved ineffective. By the mid-1950s the Federal government could not ignore the problem.

After much political wrangling, it was the conservative side of politics that guided legislation through Parliament in 1965. Horrified businessmen had to lodge agreements in a compulsory but secret Register of Trade Agreements. The 14,480 agreements in the Register reveal that similar competitive restrictions were repeated in different industries, at various levels, across Australia. Businesses sought security through collusive arrangements.

Though weak, the Trade Practices Act 1965 educated economists, lawyers, administrators and businessmen that restrictive practices were no longer defensible and opened the way for the Trade Practices Act 1974 that represented a great advance in consumer protection. The insights and efforts of earlier generations have much to teach contemporary regulators on how best to ensure competitive markets and prevent anti-competitive collusion.

Table of Contents


1. 1788-1901 Settlement to Federation

2. 1901-1939

3. Coal Vend

4. 1939-1959 World War II to the recognition of the need for legislation to control anti-competitive practices

5. 1959-1965 The Introduction of the Trade Practices Act 1965

6. 1965-1974 The working of the Act

7. 1967-1974 The contents of the Register of Trade Agreements

Post Script

About the Authors

Kerrie Round received a BA(Hons) and PhD in history from the University of Adelaide. She has lectured in Australian history and heritage at the University of Adelaide and Vanderbilt University, USA. She has written and edited books and articles on South Australian history and was managing editor of The Wakefield Companion to South Australian History. In 2007 she took up a research position in the Centre for Regulation and Market Analysis, School of Business, University of South Australia. With Professor Martin Shanahan and Professor David Round she explored the slow development of trade practices legislation in Australia.

Martin Shanahan is Professor of Economic and Business History at the University of South Australia. A previous Butlin Prize winner, his research interests include national and international studies of cartel registers, income and wealth distribution and water markets. He was co-editor of the Australian Economic History Review for over a decade and is currently President of the Economic History Society of Australia and New Zealand. He is on the editorial board of the international journal Business History.

Subject Categories

BISAC Subject Codes/Headings:
BUSINESS & ECONOMICS / Economics / General