Insights

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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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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Which RPM notifications have been successful and why?

Resale price maintenance (RPM) has traditionally been regarded as anti-competitive because it can mute price competition between retailers, resulting in higher prices for consumers who wish to...

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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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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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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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ACCC compliance and enforcement priorities 2020

The ACCC has released its Compliance and Enforcement Priorities for 2020.

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International Comparative Legal Guide: Vertical Agreements and Dominant Firms 2019

Partner Sar Katdare and Associate Jaime Campbell have written the Australian chapter for the International Comparative Legal Guide: Vertical Agreements and Dominant Firms 2019.

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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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Recent trends in complex ACCC merger review cases

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

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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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