Insights

ACCC releases Gas Market Inquiry 2017 – 2025 Interim Report

A summary of the key findings and recommendations drawn from the Gas Market Inquiry 2017 – 2025 Interim Report released on 17 August 2020 (Report).

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Regional hospital wards off misuse of market power claim

Ramsay Health Care Australia Pty Limited successfully defended Federal Court proceedings brought by the Australian Competition and Consumer Commission for misuse of market power (under the old...

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ACL redefines “consumer” up to $100k: how will your business be impacted?

From 1 July 2021, the Australian Consumer Law's definition of “consumer” will change with the monetary threshold of $40,000 increasing to $100,000.

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How Australian Consumer Law applies to call centres and complaints divisions

Do your call centres and complaints divisions know what they can and cannot say under the Australian Consumer Law?

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Shock to electricity regulation: changes to competition laws in the energy market

New competition laws will apply to generators and suppliers of electricity as of 10 June 2020.

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ACCC red lights not fatal for mergers

A red light from the Australian Competition & Consumer Commission (ACCC) is not necessarily fatal when it comes to seeking approval for mergers but red light Statement of Issues (SOI) are becoming...

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Practical Law Guide: Merger control in Australia

Sar Katdare and Andrew Willekes have prepared an easy to use Q&A on merger control in Australia.

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ACCC grants urgent interim authorisation to Coles

Last week the ACCC granted an urgent interim authorisation to Coles to coordinate its activities with other supermarkets for the broad purpose of ensuring the fair and equitable distribution of...

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Competition law and COVID19 - the upside and downside

How competition and consumer laws can impact your business during these uncertain times.

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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The Osteo Gel case - what you need to know

A short case summary on the recent Osteo Gel case.

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Who is the ACCC targeting in 2019?

On 26 February 2019, Rod Sims announced the ACCC’s compliance and enforcement policy for 2019. A summary of the key areas of focus are set out below.

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Repeal of IP exception to competition law

If your business is involved in the licensing or assignment of IP rights (such as patents, registered designs or copyrights), you should urgently seek legal advice to ensure that all such...

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Foreign Bribery Update: December 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018.

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Biggest fine ever for breach of competition law – a sign of things to come

Last month, the Full Federal Court ordered Japanese company Yazaki Corporation (Yazaki) to pay a penalty of $46 million for engaging in cartel conduct in contravention of the Competition and...

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Valve appeal dismissed – foreign digital content providers beware

The Australian competition regulator (the ACCC) has succeeded in a case against Valve Corporation (Valve), a global digital distribution company, regarding its failure to provide refunds to certain...

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Valve appeal dismissed – the ACCC blows off steam

Take note: this case is particularly instructive foreign businesses operating in Australia and businesses providing digital content to consumers online.

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No relief in sight as ACCC targets “targeted” pain relievers

In a new case echoing Nurofen’s bruising $6m encounter over its “pain specific” range, the ACCC has commenced proceedings against the manufacturers of Voltaren Osteo Gel.

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Australia’s media reform and its impact on M&A activity

On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...

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Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

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Higher penalties for competition and consumer law breaches

Compliance has never been more critical than it is now given the increase in penalties.

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ACCC review of contentious mergers: greater scrutiny, longer review periods

On 4 August 2017, the Chairman of the ACCC, Mr Rod Sims, confirmed a major shift in ACCC policy towards “more intensive information-gathering” when it is reviewing contentious merger proposals. As...

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Australia’s first criminal cartel conviction: NYK fined $25 million

Compliance with competition laws has never before been so important.

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ACCC’s electrical cartel zapped out by the Federal Court

"On 9 March 2017, the Federal Court of Australia dismissed allegations brought by the Australian Competition and Consumer Commission (ACCC) against Australia’s largest cable manufacturers, Olex...

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Final destination: High Court decides market ‘in Australia’ for the Air Cargo Cartel

The High Court’s decision is the final (Australian) chapter in the long running Air Cargo Cartel matter. Between 2008 and 2010, the Australian Competition and Consumer Commission (ACCC) issued...

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