Insights

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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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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Will your cartel immunity documents be disclosed to private parties seeking follow-on damages?

The position in Australia and the EU -- The ACCC's Immunity Policy is a crucial tool for detecting illegal cartel conduct by providing incentives for cartel participants to 'blow the whistle' and

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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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Creeping acquisitions

Recent amendments to the Competition and Consumer Act 2010 (CCA) are intended to ensure that section 50 of the CCA applies to "creeping acquisitions", and will provide legislative support to the...

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Infringement Notices

The ACCC has the power to use infringement, substantiation and public warning notices in carrying out its enforcement activities, and has embraced infringement notices to resolve minor...

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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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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 power to prosecute anti-competitive price signalling

On 12 December 2010, the Government announced that it will introduce legislative reforms to promote a competitive and sustainable banking system in Australia. As part of the reform package, the...

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Greater transparency in the ACCC's merger review process

The ACCC has recently refined its merger review practice to increase the transparency of the informal review process. ACCC staff will now provide merger parties with detailed guidance, in writing...

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