Insights

Acumen March 2017

Legal issues from March 2017.

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New Country of Origin Labelling Laws are here – are you ready?

The Competition and Consumer Amendment (Country of Origin) Bill 2016 (Bill) was passed by the Senate on 8 February 2017 and will commence the day after it receives royal assent, which is imminent.

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The push to increase penalties for breaches of the Australian Consumer Law

The ACCC has announced its intention to pursue higher penalties for breaches of the Australian Consumer Law (ACL).

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The Misuse of Market Power Bill

The Federal Government's Misuse of Market Power Bill is the next step in its commitment to implement the ‘Harper’ Competition Policy Review’s misuse of market power reform recommendations

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The risks of claiming you are “No 1” in the industry

On 13 February 2017 the Federal Court delivered its decision in relation to whether claims made by Domain Group (‘Domain’) that it had the “#1 property app in Australia” were misleading or...

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ACCC priorities for 2017 – will you be a target this year?

On 24 February 2017, the Australian Competition and Consumer Commission (ACCC) announced its Enforcement and Compliance Policy for 2017.

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Dual distribution or a duel between rivals? The High Court weighs in with ACCC v Flight Centre

The High Court has clarified the circumstances in which suppliers and their distributors / agents will be taken to be actual or potential competitors for the purposes of Australian competition law....

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Acumen September 2016

Legal issues from September 2016.

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East Coast Gas Market Reform Package

COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.

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Acumen July 2016

Legal issues from July 2016.

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East coast Australian gas market reviews

Are east coast gas markets fit for purpose? Are they competitive? A closer look at the case for change.

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Substantial market power: now you have it, now you don’t – the decision in ACCC v Pfizer

The recent Federal Court decision in ACCC v Pfizer serves as strong reminder that market power is not static but must be assessed in the context of a potentially changing market over a reasonable...

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An ACCC 'first' - breach of Australian consumer law results in director being banned for 15 years

Are you a director of a company? Did you know that the ACCC can ask the Court to ban you from managing any company if you breach the Australian Consumer Law?

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Foreign Bribery Update - December 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to December 2014. These developments will impact...

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Harper Review Draft Report - what you need to know

On 22 September 2014, the Harper Review Panel released its Draft Report of the "root and branch" review of Australia's competition laws and

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Foreign Bribery Update - April 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation in the first quarter of 2014....These...

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Competition law 'root and branch' review

The Government has now released draft terms of reference for its "root and branch" review of Australia's competition laws. The terms of reference are extremely broad, focus on protecting small...

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Two landmark cases but the jury is still out...

Conflicting decisions on the nature of multi-channel distribution models - the ANZ and Flight Centre cases - Two recent Federal Court decisions provide contradictory and irreconcilable conclusions...

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Australian foreign bribery update - 2013 in review

The year in Australia for foreign bribery and corruption matters has been mixed. While the singular Securency prosecution has become delayed in legal argument with the committal hearing yet to be...

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International foreign bribery developments - November 2013

There have been a number of recent developments in Australia and overseas in relation to the risks associated with foreign bribery and corruption. Please insert this Update behind the Updates tab...

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When is a fee not a fee? ANZ pays the penalty

As foreshadowed by Lord Acton, the battle of people versus the banks is well upon us. And it seems the good money is with the

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Mega-cartel in the automotive parts industry

The automotive parts industry is subject to one of the largest global cartel investigations in recent history by the DOJ, CCB, DG Comp and JFTC. It is possible, if not likely, that other antitrust

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ACCC vs Metcash

On 30 November 2011, the full bench of the Federal Court dismissed the ACCC's appeal against the primary judge...s ruling that the acquisition of Franklins by Metcash will not result in a...

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Price signalling

On 24 November 2011, the Senate passed the Competition and Consumer Amendment Bill (No. 1) 2011 which introduces new prohibitions against disclosures of pricing and other competitively sensitive...

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