Insights

“The law made me do it” – when misleading labels are not misleading conduct

Last week, the High Court held that a party is unlikely to have engaged in misleading or deceptive conduct if it has made a misrepresentation that is otherwise compliant with a different, more...

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Private equity firms now need to consider competition issues for every acquisition

Acquisitions by private equity firms have traditionally sailed below the competition regulator’s radar including because acquisitions have been for a new platform, with no competition issue or have...

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Federal Court decision signals the end of the road for Mercedes-Benz franchise agreements

Mercedes-Benz Australia/Pacific Pty Ltd (MBAuP) has been found not to have engaged in unconscionable conduct against its Australian dealers when it moved the dealers from long-running franchise...

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Steel yourselves: record penalties ordered against BlueScope for attempted cartel conduct

BlueScope Steel (BlueScope) has been recently fined with a record-breaking $57.5 million and its former general manager with $575,000 for attempted cartel conduct to induce other suppliers to...

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Lessons from the first Tribunal decision on a merger authorisation

In its first review of a merger authorisation application since the current regime came into effect in 2017, the Australian Competition Tribunal (Tribunal) has upheld the Australian Competition and...

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Significant unfair contract terms reforms commence shortly

Reforms to the unfair contract terms regime in the Australian Consumer Law, and under the ASIC Act, commence on 9 November 2023.

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New ACCC super complaints proposal will require super compliance

From July 2024, small business and consumer advocacy groups will have the ability to ‘fast track’ competition and consumer law complaints for regulatory scrutiny, via a newly created dedicated...

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Are non-compete clauses for employees anti-competitive?

‘No-poach’ or ‘non-compete’ clauses are used widely by Australian companies to prevent the leakage and misuse of employer’s information and loss of key client and supplier relationships. Companies...

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Pressing Ahead - First Penalties Issued for Button Battery Standard Breaches

Two large Australian retailers, The Reject Shop and Dusk are the first suppliers to be penalised under the world-first mandatory standards for button batteries (BBs), enforceable since June 2022.

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The ACCC’s proposed merger reforms – how will it affect your future deals?

Last week, Chair of the ACCC, Ms Gina Cass-Gottlieb announced the ACCC’s proposal for merger reform.  The ACCC’s position is similar to the proposals introduced by former Chair Rod Sims in August...

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More red lights, more deals being withdrawn, more time – find out more in our annual Merger Report

We are pleased to share with you the 7th edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).

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Stakes are high – ACCC enforcement priorities 2023

Yesterday, the ACCC announced its compliance and enforcement priorities for 2023. In this article we discuss why the stakes are higher in 2023, the key areas of focus, what you need to know and...

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The risks of taking a ‘set and forget’ approach to ACL compliance

Last week’s Federal Court decision in ACCC v Uber highlights the risks associated with taking a ‘set and forget’ approach to regulatory compliance, particularly when relying on automated processes,...

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Price caps and mandatory codes of conduct to be imposed on the domestic gas market

On 9 December 2022, the Commonwealth Government released exposure drafts of its proposed Competition and Consumer Amendment (Gas Market) Bill 2022 (Cth) (Exposure Bill) and Competition and Consumer...

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The Government passes legislation to overhaul the unfair contract terms regime

The Government has passed legislation amending the Australian Consumer Law (ACL) to strengthen the unfair contract term (UCT) regime.

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Massive increase in financial penalties for breaches of competition and consumer laws

On November 10 2022, the maximum financial penalties for breaching Australia’s competition and consumer laws increased significantly - in some cases by five times the previous levels.

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ACCC: Current practices of gas producers and LNG exporters may breach competition law

Against the backdrop of the deepening gas supply crisis on the east coast of Australia, in its 13th Gas Inquiry Interim Report of July 2022 (July 2022 Report), the ACCC has issued a stern warning...

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Regulators get tough on claims of Legal Professional Privilege

Following a number of recent cases in which parties have incorrectly claimed legal professional privilege (LPP) over documents to be produced for regulatory proceedings or investigations, and...

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Anything you say (to the ACCC) can be used against you (many years later) in court

The Federal Court recently held that submissions and internal documents provided by a party to the ACCC to support or oppose a transaction pursuant to the ACCC’s informal clearance process could be...

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It’s not worth the Moola – a cartel agreement on the use of keyword search terms

The New Zealand High Court recently held that competitors who agreed on keyword search terms for online search advertising engaged in cartel conduct in breach of competition law.

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Trends in complex ACCC merger review cases for 2021

We are pleased to share with you the 6th edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).

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Higher penalties for breaches of the Franchising Code

We detail the higher penalties for breaches of the Franchising Code

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More of the same: ACCC priorities for 2022

Yesterday, the ACCC announced its compliance and enforcement priorities for 2022.

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Proposed reforms give the unfair contract terms regime much sharper teeth

What is happening? A 2018 federal review of the current unfair contract terms (or UCT) protections concluded that the regime was ‘ineffective in both operation and effect’, including in terms of...

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Gas Industry – Voluntary Code of Conduct

On 1 December 2021, the Australian Petroleum Production & Exploration Association (APPEA) announced the finalisation of the Voluntary Code of Conduct for the negotiation and development of Gas...

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