Dr Katharine   Kemp
Senior Lecturer

Dr Katharine Kemp

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

Law & Justice
Sch 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 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.

Publications

  • Books | 2018
    Dr Katharine Kemp
    Kemp K, 2018, Misuse of Market Power: Rationale and Reform, Cambridge University Press, http://dx.doi.org/10.1017/9781316882566
    Books | 2000
    Dr Katharine Kemp
    Sutherland P; Kemp K, 2000, Competition Law of South Africa Service
  • Journal articles | 2021
    Dr Katharine Kemp
    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
    Journal articles | 2020
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    Kemp K, 2020, 'Australia’s draft News Media Bargaining Code', Competition Law International, vol. 16
    Journal articles | 2020
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    Kemp K; Greenleaf G, 2020, 'Competition and consumer watchdog spurs Australian privacy changes', Privacy Laws & Business International Report, pp. 25 - 28
    Journal articles | 2020
    Dr Katharine Kemp
    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 | 2018
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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 | 2021
    Dr Katharine Kemp
    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
    Reports | 2020
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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 | 2019
    Dr Katharine Kemp
    Kemp K; Nicholls R, 2019, Submission in response to ACCC Digital Platforms Inquiry Draft Report
    Reports | 2019
    Dr Katharine Kemp
    Kemp K, 2019, Submission to Treasury on the ACCC Digital Platforms Inquiry Final Report
    Reports | 2018
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
    Reports | 2017
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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 | 2016
    Dr Katharine Kemp
    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 | 2015
    Dr Katharine Kemp
    Kemp K; Didenko A; Malady L; Buckley R, 2015, Submission to the Australian Payments Plan Consultation: Shaping the Future of Australian Payments
    Reports | 2014
    Dr Katharine Kemp
    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
    Dr Katharine Kemp
    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
  • Submissions to Government | 2020
    Dr Katharine Kemp
    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
    Submissions to Government | 2020
    Dr Katharine Kemp
    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
    Conference Papers | 2020
    Dr Katharine Kemp
    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 Papers | 2019
    Dr Katharine Kemp
    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
    Conference Papers | 2017
    Dr Katharine Kemp
    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

Awards

Grants

Media