Insights

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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Global trends in competition law regulation of mergers and acquisitions

There is no doubt that the international competition law landscape is changing. While calls for increased regulation of ‘big tech’ frequently make headlines, there is a broader shift in competition...

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ACCC makes final decision in LNG netback price series review

On 30 September 2021, the Australian Competition and Consumer Commission (ACCC) announced that it had finalised its review of the liquefied natural gas (LNG) netback price series for the east coast...

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ACCC wants significant merger reform: what does this mean for your upcoming deal?

Still concerned about its recent losses in the Federal Court in TPG/Vodafone and Pacific National/Aurizon and in light of growing fears about the anti-competitive effects of acquisitions in highly...

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The price to pay for excessive surcharging

It has been over 5 years since the excessive payment surcharge laws were introduced but the ACCC’s recent action against Nine Entertainment Co (Nine) demonstrates that the ACCC will continue to...

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The class exemption for small business collective bargaining is now in play

On 3 June 2021, the much-anticipated class exemption for small businesses, franchisees and fuel retailers came into effect.

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ACL unfair contract terms vs NSW disclosure obligations for substantially prejudicial terms

On 1 January 2021 NSW Fair Trading began enforcing a new law requiring businesses in NSW to make disclosures regarding terms that substantially prejudice the interests of consumers .

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Recent trends in complex ACCC merger review cases

We are pleased to share with you the fifth edition of our report on recent trends in complex merger review cases by the Australian Competition & Consumer Commission (ACCC).

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ACCC compliance and enforcement priorities 2021

Yesterday, the ACCC released its Compliance and Enforcement Priorities for 2021.

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Restraints of trade and dominance in Australia

Partners Sar Katadare and Andrew Willekes share insights on restraints of trade and dominance in Australia as part of Thompson Reuters’ Practical Law Competition Global Guide

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New disclosure requirements in NSW for suppliers of goods or services

Terms that may substantially prejudice the interests of the consumer.

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Competition law issues arising from the acquisition of minority shareholdings

Lessons from Amazon’s proposed acquisition of a minority interest in Deliveroo and the acquisition by Qantas of a 19.9% interest in Alliance Airlines.

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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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ESG and Australia's consumer & competition laws

The intersection of ESG with Australian competition and consumer law aligns with the overarching purpose of regulation in this area: to enhance the welfare of Australians through the promotion of...

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Small businesses, franchisees and fuel retailers will soon be allowed to collectively negotiate

While competition law strictly prohibits competitors acting together or agreeing on prices, collective negotiation by small businesses, franchisees and fuel retailers has traditionally been...

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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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