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2012 N.Z. L. Rev. i (2012)

handle is hein.journals/newzlndlr2012 and id is 1 raw text is: NEW ZEALAND LAW REVIEW 2012 PART I CONTENTS TABLE OF CASES iii TABLE OF STATUTES V ARTICLES The Duke of Westminster Should be very careful when he crosses the road in New Zealand: The Role of the New Zealand Anti-Avoidance Rule Julie Cassiy 1 Courts and Representation Disputes in the Treaty Settlement Process John Dawson andAbby Suszko 35 Judicial Review's Scope, Foundations and Purposes: Joining the Dots MXark Elliott 75 REVIEWS Competition Law Muatt Sumpter 113 I Jurisdiction 113 A Jurisdiction and the 2008 High Court Rules 116 B Jurisdiction, market definition and the s 30 price-fixing cause of action 117 C An observation onAir Cargo 120 II Single Firm Conduct: The s 36 Cause of Action 121 A The market power paradox 121 B The counterfactual controversy 122 C Why all the fuss? 124 D Will the dust ever settle? 125 E What next for s 36? 126 F The comparative exercise and dynamic efficiency 127 III Business Acquisitions 130 A Barriers to entry vs conditions of entry 132 B Multiple counterfactuals 132 C Section 66 and the satisfied threshold 133 D Real options analysis: a LET test corollary? 134 E A diminishing role for market definition in merger analysis? 135 F UPP in context: a response to concentration ratios in merger analysis 136 G How does UPP work? 137 H Is UPP a useful measure in New Zealand? 139 IV The Future 140

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