英语论文网

ent competition in a market. This requirement is arguably more easily met in the context of ‘for profit' organisations. In Monroe Topple & Associates v Institute of Chartered Accountants the non-profit nature of the Institute did not necessarily lead to a finding of an improper purpose, but “[did] tend to point against such a finding.” It is suggested that it would be difficult to establish the purpose element. Golf Australia gains nothing by putting golf equipment manufacturers out of business - indeed it would seem to be in the interests of the regulator to promote healthy innovative competition amongst the manufacturers, with this leading to reduced prices for clubs and growth in the number of players. In a different context, a similar conclusion was reached by the Full Federal Court in Australasian Performing Rights Association Ltd (APRA) v Ceridale Pty Ltd. APRA refused to provide a licence for a nightclub unless unpaid fees by Ceridale were paid. While its actions may have led to a nightclub closing, its purpose was not to put the company out of business, but simply to preserve the integrity of its licence system. By analogy, the role of Golf Australia in endorsing the rules of the USGA and the R&A is not about putting golf equipment manufacturers out of business, but about preserving what it perceived to be the traditions of the game.

Given what has been previously outlined, a breach of s46 appears unlikely. Whilst Golf Australia would have market power, it could not be shown that it would have acted differently in a competitive market (hence no taking advantage of that power), nor could it be demonstrated that it acted for a proscribed purpose. However, it is suggested that there is an even stronger basis by which Golf Australia would be able to defeat any allegation that it had taken advantage of its market power. This relies on Golf Australia establishing an objective legitimate business justification as to why it has accepted and promulgated these technical rules as the basis for regulation of golf equipment in this country. If this justification is accepted, then the conclusion is that there has been no taking advantage of market power - the business was simply doing what would normally be done in a competitive market. In essence, it is the flipside of the counterfactual test, but in this context appeals to the reason why sporting administrators and regulators are needed - that is to establish and run fair competitive competitions and to encourage participation in the sport by all, with results determined on skill and not on luck. It seeks to connect the conduct of the market participants to the market power and “to ask whether [the regulator] had a rational or objective business justification for the conduct at issue.” An examination of this nature arguably leads to a broader, more fluid and more dynamic enquiry. Accordingly what are the justifications for such prescriptive and restrictive technical rules and do they harm, or hinder golfer welfare by dampening competition? In analysing this justification it is suggested that sporting equipment regulators do not, and should not have, an unlimited freedom to adopt any restriction that they perceive may be in the best interests of the game. The traditions of any sport cannot be placed on a pinnacle to preserve the values of bygone eras, and which result in excluding a contemporary audience from fully participating in本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。