Dr Katharine Kemp
Senior Lecturer

Dr Katharine Kemp

BCom, LLB (Hons) (Qld), LLM (Stellenbosch), PhD (UNSW)

Law & Justice
School of Global & Public Law

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 also convenes and lectures the new Data Privacy Law course; the postgraduate course, Financial Law and Regulation in the Age of Fintech; and Contracts at UNSW Law.

Her advisory and editorial roles include representing Australia as a Non-Government Advisor to the International Competition Network, and acting as a Member of the Advisory Board of the Future of Finance Initiative in India and the Editorial Board of TechREG Chronicle, published by Competition Policy International.

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. 

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. 

  • Books | 2018
    Kemp K, 2018, Misuse of Market Power: Rationale and Reform, Cambridge University Press, http://dx.doi.org/10.1017/9781316882566
    Books | 2000
    Sutherland P; Kemp K, 2000, Competition Law of South Africa Service
  • Journal articles | 2021
    Greenleaf G; Kemp K, 2021, 'Australia’s ‘COVIDSafe’ law for contact tracing: an experiment in surveillance and trust', International Data Privacy Law, vol. 11, pp. 257 - 275, http://dx.doi.org/10.1093/idpl/ipab009
    Journal articles | 2021
    Kemp K, 2021, 'Causation in Misuse of Market Power Claims under the Competition and Consumer Act 2010 (Cth)', Australian Business Law Review, vol. 49, pp. 208 - 229
    Journal articles | 2021
    Kemp K, 2021, 'Why Use Consumer Protection Regulation to Target Misleading Representations about Privacy? The Australian Case Against Google', Communications Law - Journal of Computer, Media and Telecommunications Law, vol. 26, https://uk.westlaw.com/Document/I7E4ABB605ED311ECBEAE8BC7BC5132C9/View/FullText.html
    Journal articles | 2020
    Greenleaf G; Kemp K, 2020, 'Australia's 'COVIDSafe' Law for a Voluntary Contact Tracing App', Privacy Laws & Business International Report, pp. 1 - 6
    Journal articles | 2020
    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
    Journal articles | 2020
    Kemp K, 2020, 'Australia’s draft News Media Bargaining Code', Competition Law International, vol. 16
    Journal articles | 2020
    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
    Journal articles | 2020
    Kemp K; Greenleaf G, 2020, 'Competition and consumer watchdog spurs Australian privacy changes', Privacy Laws & Business International Report, pp. 25 - 28
    Journal articles | 2018
    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
    Journal articles | 2018
    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
    Journal articles | 2017
    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
    Journal articles | 2017
    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/
    Journal articles | 2017
    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
    Journal articles | 2017
    Kemp KR, 2017, 'A Unifying Standard for Monopolization: Objective Anti competitive Purpose', Houston Journal of International Law, vol. 39, pp. 113 - 113
    Journal articles | 2016
    Kemp KR, 2016, 'Taking Advantage' and Other Profit-Focused Tests for Unilateral Anticompetitive Conduct', Monash University Law Review, vol. 41, pp. 655 - 695
    Journal articles | 2015
    Kemp KR, 2015, 'The case against 'French J's Arsonist'', Australian Business Law Review, vol. 43, pp. 228 - 228, http://ssrn.com/abstract=2726901
    Journal articles | 2014
    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
    Journal articles | 2005
    Kemp K, 2005, 'The Significance of Consideration Paid for Post-employment Restraints in England and Germany', Stellenbosch Law Review, vol. 16, pp. 257 - 257
  • Reports | 2022
    Kemp K, 2022, Submission to the Attorney General's Department on the Privacy Act Review Discussion Paper
    Reports | 2022
    Kemp K; Nicholls R, 2022, Balancing the Competition, Consumer Protection and Privacy Regulation of Digital Platforms: Submission in response to the ACCC Digital Platform Services Inquiry Discussion Paper on Updating Competition and Consumer Law for Digital Platform Services, Submission in response to the ACCC Digital Platform Services Inquiry Discussion Paper on Updating Competition and Consumer Law for Digital Platform Services
    Conference Presentations | 2021
    Kemp K, 2021, 'Competition Policy Challenges in the Digital Era: The Race to Regulate', presented at Competition Policy Challenges in the Digital Era, Centre for Global Business, Monash University, 19 November 2021 - 19 November 2021
    Conference Presentations | 2021
    Kemp K, 2021, 'E-commerce as a Vehicle for Inclusive Global Economy', presented at CUTS International “Competition, Regulation and Development” 7th Biennial Conference, 17 November 2021, https://www.youtube.com/watch?v=s_d6DTZK26c
    Conference Presentations | 2021
    Kemp K, 2021, 'Regulation and Innovation in Digital Markets', presented at Plenary Session, Law Council of Australia Competition & Consumer Law Committee Annual Workshop, 27 August 2021
    Reports | 2021
    Kemp K, 2021, Submission to the Attorney-General’s Department in response to the Online Privacy Bill Exposure Draft
    Reports | 2021
    Kemp K, 2021, The Absence of Competition in the Privacy Terms of Online Marketplaces: Submission in Response to the ACCC General Online Retail Marketplaces Issues Paper, Digital Platform Services Inquiry, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3905693
    Reports | 2021
    Manwaring K; Kemp K; Nicholls R, 2021, (mis)Informed Consent in Australia (Report for iappANZ, 31 March 2021), UNSWorks, Sydney, http://dx.doi.org/10.26190/7sk3-0w49, http://handle.unsw.edu.au/1959.4/unsworks_75600
    Reports | 2020
    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
    Reports | 2020
    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
    Reports | 2020
    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
    Reports | 2020
    Greenleaf G; Kemp K, 2020, Australia’s ‘COVIDSafe App’: An Experiment in Surveillance, Trust and Law, University of New South Wales Law Research Series 999, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3589317
    Conference Papers | 2020
    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
    Conference Presentations | 2020
    Kemp K, 2020, 'Misuse of Market Power – What an ‘Effects Test’ Would Mean for New Zealand?', presented at Competition Law & Policy Institute of New Zealand, 19 August 2020
    Conference Presentations | 2020
    Kemp K, 2020, 'Remedies for Unilateral Anticompetitive Conduct in Digital Markets', presented at Plenary Session, International Competition Network Annual Conference, Washington DC, 16 September 2020
    Reports | 2020
    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
    Reports | 2020
    Kemp K, 2020, Submission to the Attorney General's Department on the Privacy Act Review Issues Paper, https://www.ag.gov.au/sites/default/files/2021-01/dr-katharine-kemp.PDF
    Recorded / Rendered Creative Works | 2020
    Kemp K, 2020, Trust Exercise: UNSW Grand Challenge on Trust Podcast Series, Editor(s): Kemp K, Published: 01 December 2020, Recorded / Rendered Creative Works, https://soundcloud.com/trustexercise/tracks
    Conference Papers | 2019
    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
    Reports | 2019
    Kemp K, 2019, Submission on the ACCC Digital Platforms Inquiry Final Report
    Submissions to Government | 2019
    Kemp K, 2019, Submission on the Digital Platform Inquiry: FInal Report
    Reports | 2019
    Kemp K; Nicholls R, 2019, Submission in response to ACCC Digital Platforms Inquiry Draft Report
    Reports | 2018
    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
    Reports | 2018
    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
    Reports | 2018
    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
    Conference Papers | 2017
    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
    Reports | 2017
    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
    Reports | 2016
    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”
    Reports | 2016
    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”
    Reports | 2015
    Kemp K; Didenko A; Malady L; Buckley R, 2015, Submission to the Australian Payments Plan Consultation: Shaping the Future of Australian Payments
    Reports | 2014
    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"
    Reports | 2014
    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
    Reports |
    Bennett Moses L; Buckley RP; Johns FE; Greenleaf G; Kemp K; De Leeuw M; Manwaring K; Maurushat A; Zalnieriute M, Response to Issues Paper on Data Sharing and Release, Elsevier BV, http://dx.doi.org/10.2139/ssrn.3348816
    Preprints |
    Bennett Moses L; Churches G; Zalnieriute M; Byrnes AC; Scully JL; Kemp K; Greenleaf G, COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights, http://dx.doi.org/10.2139/ssrn.3595109
    Preprints |
    Greenleaf G; Kemp K, COVID & Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part II) (Presentation Slides), http://dx.doi.org/10.2139/ssrn.3875920
    Preprints |
    Greenleaf G; Kemp K, Police Access to COVID Check-In Data Is An Affront to Our Privacy. We Need Stronger and More Consistent Rules in Place, http://dx.doi.org/10.2139/ssrn.3922035
    Preprints |
    Kemp K; Greenleaf G, COVID Digital Surveillance: Common Legislative Protections for Proximity Apps, Attendance Tracking, and Status Certificates (Part I) (Presentation Slides), http://dx.doi.org/10.2139/ssrn.3878659
    Preprints |
    Kemp K; Greenleaf G, Competition and Consumer Watchdog Spurs Australian Privacy Changes, http://dx.doi.org/10.2139/ssrn.3748311

2021 – 2022 - Non-Resident Research Fellow, Loyola University of Chicago School of Law - Institute of Consumer Antitrust Studies Research project on competition policy and data privacy regulation.

2019 – 2020 - UNSW Law Impact & Engagement Fellowship Led research on the need for an unfair trade practices prohibition in Australia, following the award of competitive funding.

2017 - UNSW PhD Excellence Award For a dissertation receiving the highest available grades.

2015 - Garth Nettheim Doctoral Teaching Fellowship

2014 - Gaire Blunt Scholarship  Awarded by the Business Law Section of the Law Council of Australia for a paper on competition law.

2014 - Bruce Kercher Scholarship Awarded by the Australia and New Zealand Law and History Society to present a paper on the history of Australian competition law at the Society’s annual conference.

2013 – 2016 - Australian Postgraduate Award

2013 – 2016 - UNSW Law Faculty Top-Up Scholarship, for top-ranking Australian Postgraduate Award recipients

Data Privacy Law LAWS3250 JURD7550

Financial Law and Regulation in the Age of Fintech

Contracts LAWS1075

Principles of Private Law LAWS 1150 JURD7150