Dr Katharine Kemp is a Senior Lecturer at the Faculty of Law & Justice, UNSW Sydney, and recently led the UNSW Grand Challenge on Trust.
Katharine’s research focuses on competition law (particularly misuse of market power), consumer protection and data privacy regulation. She has published widely in these fields, including "Misuse of Market Power: Rationale and Reform" (Cambridge University Press, 2018), "Competition Law of South Africa" (LexisNexis) with PJ Sutherland, and numerous peer-reviewed journal articles.
Katharine is the Co-Leader of the "Data as a Source of Market Power" research stream for The Allens Hub for Technology, Law and Innovation, with Dr Rob Nicholls of the UNSW Business School. She is also the convenor of the postgraduate course, "Financial Law and Regulation in the Age of Fintech", and lectures Contracts at UNSW Law.
Before joining the faculty, Katharine was a Research Fellow on the UNSW Digital Financial Services Research Team, conducting in-depth research into the regulation of digital financial services in developing countries in particular, including through fieldwork in these countries.
She has also practised as a commercial lawyer at Allens, as a barrister in Melbourne, and consulted to the Competition Commission of South Africa during the six years that she lived and worked in South Africa.
Katharine completed her PhD on the topic "Misuse of Market Power: Rationale and Reform", for which she received the UNSW Law PhD Excellence Award, and was appointed as Garth Nettheim Doctoral Teaching Fellow in 2015.
She is a Member of the Centre for Law and Market Regulation, a Member of the Australian Privacy Foundation and a Member of the Advisory Board of the Future of Finance Initiative in India.
Reports
Manwaring K; Kemp K; Nicholls R, 2021, (mis)Informed Consent in Australia (Report for iappANZ, 31 March 2021), UNSWorks, http://dx.doi.org/10.26190/7sk3-0w49, http://handle.unsw.edu.au/1959.4/unsworks_75600
Kemp K, 2020, Submission in Response to the Australian Competition & Consumer Commission Ad Tech Inquiry Issues Paper, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3587239
Bennett Moses L; Churches G; Zalnieriute M; Byrnes A; Scully J; Kemp K; Greenleaf G, 2020, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3595109
Kemp K, 2019, Submission to Treasury on the ACCC Digital Platforms Inquiry Final Report
Kemp K; Nicholls R, 2019, Submission in response to ACCC Digital Platforms Inquiry Draft Report
Bennett Moses L; Buckley R; Johns F; Greenleaf G; Kemp K; De Leeuw M; Manwaring K; Maurushat A; Zalnieriute M, 2018, Response to Issues Paper on Data Sharing and Release, https://www.pmc.gov.au/sites/default/files/public-submissions/data-sharing-2018/20684.pdf
Kemp K; Vaile D, 2018, Submission to the Australian Treasury on the Review into Open Banking in Australia Final Report, https://treasury.gov.au/sites/default/files/2019-03/T282002-Kemp-and-Vaile.docx
Kemp K; Nicholls R, 2018, Submission to the Australian Treasury on the Treasury Laws Amendment (Consumer Data Right) Bill 2018 - Exposure Draft, https://treasury.gov.au/sites/default/files/2019-03/t329531-Kemp-and-Nicholls.docx
Kemp K; Didenko A; Malady L; Buckley R, 2017, Submission on the APRA Discussion Paper on Licensing: A Phased Approach to Authorising New Entrants to the Banking Industry
Kemp K, 2016, Submission to the New Zealand Ministry of Business, Innovation & Employment on the Targeted Review of the Commerce Act 1986 Issues Paper, “A Third Way: Objective Anticompetitive Purpose”
Kemp K, 2016, Submission to the Australian Treasury on Options to Strengthen the Misuse of Market Power Law Discussion Paper, “A Third Way: Objective Anticompetitive Purpose”
Kemp K; Didenko A; Malady L; Buckley R, 2015, Submission to the Australian Payments Plan Consultation: Shaping the Future of Australian Payments
Kemp K, 2014, Submission to the Competition Policy Review Committee, "The Under-Inclusive "Take Advantage" Standard, a Proposal for an Onus-Shifting Approach and the Canadian SLC Alternative"
Kemp K, 2014, The South African Example: A Legislated Effects-Based Test and Efficiency Defence for Misuse of Market Power, Elsevier BV, http://dx.doi.org/10.2139/ssrn.2731481
Journal articles
Greenleaf G; Kemp K, 2021, 'Australia’s ‘COVIDSafe’ law for contact tracing: an experiment in surveillance and trust', International Data Privacy Law, http://dx.doi.org/10.1093/idpl/ipab009
Kemp K, 2020, 'Concealed data practices and competition law: why privacy matters', European Competition Journal, pp. 628 - 672, http://dx.doi.org/10.1080/17441056.2020.1839228
Kemp K; Greenleaf G, 2020, 'Competition and consumer watchdog spurs Australian privacy changes', Privacy Laws & Business International Report, pp. 25 - 28
Greenleaf G; Kemp K, 2020, 'Australia’s COVIDSafe Experiment, Phase III: Legislation for Trust in Contact Tracing', SSRN Electronic Journal, http://dx.doi.org/10.2139/ssrn.3601730
Kemp K, 2020, 'Australia’s draft News Media Bargaining Code', Competition Law International, vol. 16
Greenleaf G; Kemp K, 2020, 'Australia's 'COVIDSafe' Law for a Voluntary Contact Tracing App', Privacy Laws & Business International Report, pp. 1 - 6
Kemp KR, 2018, 'Misuse of Market Power in Australia and Abuse of Dominance in Canada: Two Legislated Effects Tests for Unilateral Conduct', Australian Journal of Competition and Consumer Law, http://dx.doi.org/10.2139/ssrn.3289403
Didenko A; Kemp K; Malady L; Buckley RP, 2018, 'Restricted Banking Licences: An Opportunity to Be Seized', Journal of Banking & Finance Law and Practice, vol. 29, pp. 57 - 66, http://dx.doi.org/10.2139/ssrn.3146666
Kemp K; Buckley RP, 2017, 'Resolution Powers Over E-Money Providers', University of New South Wales Law Journal, vol. 40, pp. 1539 - 1557, http://www.unswlawjournal.unsw.edu.au/issue/volume-40-no-4-2/
Kemp KR, 2017, ''The Big Chill'? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power', University of New South Wales Law Journal, vol. 40, pp. 493 - 493, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2977116
Kemp KR, 2017, 'A Unifying Standard for Monopolization: Objective Anti competitive Purpose', Houston Journal of International Law, vol. 39, pp. 113 - 113
Kemp K; Buckley RP, 2017, 'Protecting Financial Consumer Data in Developing Countries: An Alternative to the Flawed Consent Model', Georgetown Journal of International Affairs, vol. 18, pp. 35 - 46
Kemp KR, 2016, 'Taking Advantage' and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct', Monash University Law Review, vol. 41, pp. 655 - 695
Kemp KR, 2015, 'The case against 'French J's Arsonist'', Australian Business Law Review, vol. 43, pp. 228 - 228, http://ssrn.com/abstract=2726901
Kemp KR, 2014, 'Uncovering the Roots of Australia’s Misuse of Market Power Provision: Is it Time to Reconsider?', Australian Business Law Review, vol. 42, pp. 329
Kemp K, 2005, 'The Significance of Consideration Paid for Post-employment Restraints in England and Germany', Stellenbosch Law Review, vol. 16, pp. 257 - 257
Media
Kemp K; Manwaring K, 2020, Australia’s privacy watchdog is taking Facebook to court. It’s a good start, https://theconversation.com/australias-privacy-watchdog-is-taking-facebook-to-court-its-a-good-start-133345
Kemp K; Nicholls R, 2020, No more negotiating: new rules could finally force Google and Facebook to pay for news, https://theconversation.com/no-more-negotiating-new-rules-could-finally-force-google-and-facebook-to-pay-for-news-136718
Kemp K; Greenleaf G, 2020, The COVIDSafe bill doesn’t go far enough to protect our privacy. Here’s what needs to change, https://theconversation.com/the-covidsafe-bill-doesnt-go-far-enough-to-protect-our-privacy-heres-what-needs-to-change-137880
Kemp K, 2020, The US is taking on Google in a huge antitrust case. It could change the face of online search, https://theconversation.com/the-us-is-taking-on-google-in-a-huge-antitrust-case-it-could-change-the-face-of-online-search-148519
Kemp K, 2020, The ACCC is suing Google for misleading millions. But calling it out is easier than fixing it, https://theconversation.com/the-accc-is-suing-google-for-misleading-millions-but-calling-it-out-is-easier-than-fixing-it-143447
Kemp K, 2020, Every step you take: why Google’s plan to buy Fitbit has the ACCC’s pulse racing, https://theconversation.com/every-step-you-take-why-googles-plan-to-buy-fitbit-has-the-acccs-pulse-racing-141052
Kemp K; Nicholls R, 2019, The federal government’s response to the ACCC’s Digital Platforms Inquiry is a let down, https://theconversation.com/the-federal-governments-response-to-the-acccs-digital-platforms-inquiry-is-a-let-down-128775
Kemp K, 2019, The ACCC is suing Google over tracking users. Here’s why it matters, https://theconversation.com/the-accc-is-suing-google-over-tracking-users-heres-why-it-matters-126020
Kemp K, 2019, Here’s how tech giants profit from invading our privacy, and how we can start taking it back, https://theconversation.com/heres-how-tech-giants-profit-from-invading-our-privacy-and-how-we-can-start-taking-it-back-120078
Nicholls R; Kemp K, 2019, Consumer watchdog calls for new measures to combat Facebook and Google’s digital dominance, https://theconversation.com/consumer-watchdog-calls-for-new-measures-to-combat-facebook-and-googles-digital-dominance-120077
Kemp K; Vaile D, 2018, Soft terms like ‘open’ and ‘sharing’ don’t tell the true story of your data, https://theconversation.com/soft-terms-like-open-and-sharing-dont-tell-the-true-story-of-your-data-95521
Kemp K, 2018, ACCC wants to curb digital platform power – but enforcement is tricky, https://theconversation.com/accc-wants-to-curb-digital-platform-power-but-enforcement-is-tricky-107791
Kemp K, 2018, 94% of Australians do not read all privacy policies that apply to them – and that’s rational behaviour, https://theconversation.com/94-of-australians-do-not-read-all-privacy-policies-that-apply-to-them-and-thats-rational-behaviour-96353
Conference Papers
Kemp K, 2020, 'Concealed Data Practices and Competition Law', New York University, New York, USA, presented at NYU/ABA Next Generation of Antitrust, Data Privacy and Data Protection Scholars Conference, New York University, New York, USA, 29 January 2020
Kemp K, 2019, 'Substantial Lessening of Competition under the New Section 46: Will We Know it When We See it?', Sydney, presented at Competition Law Conference, Sydney, 25 May 2019
Kemp K, 2017, 'The Next Chapter in Australia's Misuse of Market Power Law: Are We Killing the Tiger While it is Young?', Sydney, presented at Competition Law Conference, Sydney, 06 May 2017 - 06 May 2017
Submissions to Government
Bennett Moses L; Chappell L; Churches G; Zalnieriute M; Byrnes A; Scully JL; Kemp K; Greenleaf G, 2020, Submission to Federal Attorney General, Privacy Amendment (Public Health Contact Information) Bill 2020, https://www.allenshub.unsw.edu.au/sites/default/files/inline-files/UNSW%20Submission%20to%20AG%20Porter%20re%20COVIDSafe.pdf
Bennett Moses L; Churches G; Zalnieriute M; Byrnes A; Scully J; Kemp K; Greenleaf G, 2020, Submission to Senate Select Committee on COVID-19 re Privacy Amendment (Public Health Contact Information) Bill 2020, https://unsw.sharepoint.com/:b:/s/LawResearchSupport/ETsj6l0D8oBKhaCitN3nhssBB1QHxQsaXLMp9_9rXmF9vQ?e=46zOJ3
Books
Kemp K, 2018, Misuse of Market Power: Rationale and Reform, Cambridge University Press, http://dx.doi.org/10.1017/9781316882566
Sutherland P; Kemp K, 2000, Competition Law of South Africa Service