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The Trade Practices Act 1965 was widely criticised as being weak and unproductive. It was a significantly watered-down version of the original Bill overseen by Garfield Barwick. Although the final form of the Act was perceived as ineffective at the time, it is now viewed as an important step towards a national competition policy and a precursor to the opening up of the Australian economy. This paper outlines the economic, political and social background to the introduction of the legislation. We specify some of the factors that explain why its creation caused controversy and its importance in initiating change in Australians' attitudes towards collusive behaviour and economic protectionism. [ABSTRACT FROM AUTHOR]

More than a century elapsed between Australia's first legislative attempts to modify anticompetitive behaviour (the Australian Industries Preservation Act 1906) and its most recent efforts to criminalise price fixing ( Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009). After a burst of activity in the first decade of Federation, the intervening years saw only sporadic interest by governments to promote competitive markets, with limited impact until the late 1960s. This paper assesses the first period of Australia's attempts to promote competition. It traces the political, economic and social environments of anticompetitive business behaviour in Australia from 1901 up to World War I. We suggest that Australia's initial forays into regulating cartels were motivated more by protectionist aims than by efforts to increase competition, which in part also explains the next half-century of legislative apathy towards anti-competitive legislation. [ABSTRACT FROM AUTHOR]