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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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