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COVID-19: (Australia) August 2020 Update to the Guide to ACCC Approvals on Industry Collaboration

Our policy and regulatory team has updated our guide to industry collaboration approved by the Australian Competition and Consumer Commission (ACCC) in response to the COVID-19 pandemic. ...more

Australian Merger Control: SLC v Industry Engineering or Economic Theory – Takeaways From Vodafone/TPG & Pacific National

IN BRIEF - Two recent contested merger cases, the Vodafone/TPG merger and Pacific National's (PN) acquisition of Aurizon's Acacia Ridge Terminal (ART) (PN acquisition), have provided valuable guidance for the appropriate...more

Clarity for Consumer Data Right Participants on Regulatory Obligations: Is Your Business Ready?

In Brief - The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commission (OAIC) have issued a joint Compliance and Enforcement Policy for the Consumer Data Right (CDR) (CDR...more

COVID-19 (Australia): Guide to ACCC Approvals on Industry Collaboration

*This information is accurate as of Wednesday 20 May and is subject to change as this situation evolves. Welcome to our guide on industry collaboration approved by the Australian Competition and Consumer Commission (ACCC)...more

COVID-19: (Australia) Cancellations, Guarantees and Other Statements: Australian Consumer Law Obligations During COVID-19

IN BRIEF - The COVID-19 pandemic is evolving at a breakneck speed, forcing businesses to calibrate their operations at a rapid pace without compromising their legal obligations....more

COVID-19: (Australia) Competitor Collaboration in the Shadow of COVID-19 - The ACCC Takes a Pragmatic Approach

In Brief - Competition and consumer laws in Australia continue to apply during the COVID-19 pandemic. The ACCC Chairman, Rod Sims, has commented that there is a need to fight a "common enemy… and so a sense of national...more

Milk, Batteries, Healthy Snacks, two Cartels and a Coffin: The ACCC Enforcement Shopping List

IN BRIEF - The Chair of the Australian Competition and Consumer Commission (ACCC), Rod Sims, has announced the ACCC's 2020 compliance and enforcement priorities....more

Trivago Shows You All the Different Prices…Or Does It?

Trivago Misled Consumers On Hotel Room Rates: Australian Federal Court Looks Into An Algorithmic Black Box - IN BRIEF - The Federal Court has found accommodation comparison website Trivago contravened the Australian...more

ACCC's Digital Platforms Report: Market Power in Advertising, Search Services & Media & Privacy Implications

IN BRIEF - The ACCC and the Australian Government released the Final Report of the ACCC's Inquiry into Digital Platforms (Report) on 26 July 2019. ...more

Ready or Not, Competition Law Exemptions for IP Rights are About to be Repealed

In Brief - The repeal of the exemptions relating to the licensing and assignment of intellectual property (IP) rights from certain competition law provisions in Australia will soon take effect....more

Changes to ACL Mandatory Wording for Warranties Aganist Defects. Are you Ready?

IN BRIEF - In June 2018, changes were made to the Competition and Consumer Regulations 2010 (Regulations) which require manufacturers and suppliers to include mandatory wording for warranties against defects of services...more

Who's the Fairest of Them all? Government and Opposition Battle Over Small Business Contract Protections

ACCC Chair, Rod Sims has recently argued the present remedies that apply against Unfair Contract Terms are inadequate to deter businesses from including such terms in standard contracts with small businesses. ...more

ACCC 'Takes off' Against Airline's no Refund Policies: Passenger Transport, Hospitality & Leisure Providers Beware

In Brief - Airline operators Qantas, Jetstar, Tigerair and Virgin Australia have each recently admitted that they may have breached the Australian Consumer Law (ACL) by misleading consumers about their rights and remedies. ...more

ACCC Seeks to Curb Digital Platform Market Power, Facebook Hits Back

In Brief - The Australian Competition and Consumer Commission (ACCC) released the Preliminary Report of its Inquiry into Digital Platforms (Report) on 10 December 2018....more

IP Exemptions to Competition Laws to be Removed: Restrictions in Licences to be Subject to Competition and Consumer Act 2010

In Brief - Federal Parliament is debating the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 (Bill), which seeks to repeal section 51(3) of the Competition and Consumer Act 2010 (CCA). ...more

Penalties for Australian Consumer Law Breaches Increase Tenfold (if not More)

In Brief - On 23 August 2018, Federal Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Bill) to substantially increase the maximum financial penalties for contraventions of the Australian...more

Continued Antitrust Enforcement Against Non-Compliant Manufacturers in Europe: Significant Penalties Imposed for Fixing Resale...

On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of consumer electronic products for imposing fixed or minimum resale...more

Merger Parties Beware: ACCC Commences First Gun Jumping Cartel Prosecution

In brief: - The Australian Competition and Consumer Commission (ACCC) has commenced the first prosecution in Australia for alleged "gun jumping" (where parties to a merger commence coordinating prior to merger completion)...more

Australia's Fines Not High Enough: The ACCC Redoubles its Focus and Sets out its Priorities

In Brief - Rod Sims, Chairman of the Australian Competition and Consumer Commission (ACCC) has said that companies must be fined more for breaching Australian competition and consumer laws. ...more

Australian First: Criminal Charges Laid Against Individuals for Alleged Cartel Conduct

In Brief - On 15 February 2018, the Australian Competition and Consumer Commission (ACCC) announced that criminal charges had been laid against The Country Care Group Pty Ltd (Country Care), its Manager Director, Robert...more

Harper Amendments to Australia's Competition Laws Passed: ACCC Heralds a "New Era" in Competition Law

On 18 October 2017, Australia's Parliament passed into law long-awaited legislation to amend Australia's competition laws. The passing of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 and...more

Unfair Contract Terms in Small Business Contracts: ACCC Takes its First Court Action Against JJ Richards

On 6 September 2017, the Australian Competition and Consumer Commission (ACCC) commenced proceedings against JJ Richards & Sons Pty Ltd (JJ Richards), one of Australia's largest privately-owned waste management companies. ...more

ACCC and CrownBet Roll the Dice - Apply for Judicial Review of Tabcorp/Tatts Merger Authorisation

In Brief: On 10 July 2017, the ACCC applied to the Federal Court for judicial review of the Australian Competition Tribunal (Tribunal)'s determination to grant authorisation to Tabcorp Holdings Limited's proposed...more

Higher Penalties, Construction, Health and Energy: the ACCC Sets its Enforcement Priorities for 2017

In brief: - On 24 February, the ACCC unveiled its Enforcement and Compliance priorities for 2017. - The ACCC's enforcement activities in 2017 will continue to target larger companies causing harm to consumers and...more

It is the Reality of the Commercial Relationship That Counts: Travel Agent Flight Centre is a Competitor to the Airlines

- The High Court has allowed the Australian Competition and Consumer Commission's (ACCC) appeal in its prosecution of Flight Centre for attempted price-fixing arrangements with airlines. - The ACCC was successful in...more

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