Insights

Australia's merger control mandatory in 2026

The Treasurer yesterday announced far-reaching reforms of Australia's merger control regime. The reforms proposed by the Government include the introduction of a mandatory notification requirement...

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ACCC Compliance and Enforcement Priorities for 2024-2025: consumers first

Late last week, the Chair of the ACCC announced the regulator's compliance and enforcement priorities for 2024-2025.

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Digital Bytes – cyber, privacy & data update

2024 is off to brisk start in the cyber, privacy and data space – regulatory developments in cyber security and artificial intelligence (AI) continue at pace.

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“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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Consultation on merger control reform in Australia begins

Treasury has released a detailed consultation paper seeking views on whether Australia’s current merger control regime is effective and the available options for reform, drawing extensively on...

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Digital Bytes – cyber, privacy & data update

Developments in cyber, privacy and data continue to evolve rapidly, so we’ve summarised highlights from the past three months to give you a whirlwind tour of the most significant updates.

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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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Digital Bytes – cyber, privacy & data update

While we await progress on the broad-reaching reforms to Australia’s Privacy Act proposed in the Attorney-General’s Review Report published in February 2023, there are plenty of other developments...

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ASIC files another greenwashing case, this time against Active Super trustee

Further to our recent insight on ASIC’s greenwashing case against Vanguard Investments, ASIC’s strategic focus on greenwashing conduct in the funds sector continues.

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How to avoid greenwashing: ACCC issues draft guidance for environmental claims

The ACCC continues its focus on misleading environmental claims, or ‘greenwashing’, with much anticipated draft guidance for business and consumers.

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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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ASIC files greenwashing case against Vanguard Investments

ASIC’s strategic focus on greenwashing conduct in the funds sector continued this week, with the regulator commencing Federal Court proceedings against one of the world’s biggest investment...

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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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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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BlueScope and former GM held to have engaged in cartel conduct in steely battle with the ACCC

On 9 December 2022, O’Bryan J handed down judgement in Australian Competition and Consumer Commission v BlueScope Steel Limited (No 5) [2022] FCA 1475 (ACCC v BlueScope).

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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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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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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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