- Third Line Forcing: Has the Problem Gone Away?
- University of New South Wales Law Journal
- vol. 32, no. 1, 2009, pp. 249-262
"This brief paper will argue that there is no justification for imposing a per se test on third line forcing; that the continuing failure to introduce a competition test is a mistake; and that the current position of the Australian Competition and Consumer Commission ('ACCC') as 'gatekeeper' in the process is unjustified in competition terms and terms of cost. It is argued that the ACCC has better things to do than to review numerous third line forcing notifications annually, when most are in relation to conduct which is unobjectionable in competition terms, and few revocations, in fact, occur." (From article text)
The article notes the unsuccessful attempt by the ACCC to force James Cook University to abandon universal membership for the student association. (p. 257) This event was an important milestone in the implementation of Voluntary Student Unionism policy in Australia.