Insights

Biggest fine ever for breach of competition law – a sign of things to come

Last month, the Full Federal Court ordered Japanese company Yazaki Corporation (Yazaki) to pay a penalty of $46 million for engaging in cartel conduct in contravention of the Competition and...

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Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

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Higher penalties for competition and consumer law breaches

Compliance has never been more critical than it is now given the increase in penalties.

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Australia’s first criminal cartel conviction: NYK fined $25 million

Compliance with competition laws has never before been so important.

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Vertical Agreements and Dominant Firms 2017 Australia

Johnson Winter & Slattery is proud to have contributed the Australian Chapter to the inaugural edition of the International Comparative Legal Guide to Vertical Agreements and Dominant Firms 2017.

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Can the knowledge of several employees be aggregated and attributed to the company?

In certain circumstances, knowledge of fraud by employees may be aggregated to determine culpability of a company where there is a duty and opportunity to communicate it to the other.

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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 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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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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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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One month until new consumer laws come into effect - what you need to do now

On 1 January 2011, Australia's consumer protection laws will be replaced by new legislation. While the majority of the new laws do not substantially change your existing obligations when dealing...

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Keeping but amending Part IIIA - the Productivity Commission's recommendations on the National Acces

In February 2014, the Productivity Commission's (PC) final report to the Government on the National Access Regime under Part IIIA of the Competition and Consumer Act 2010 was...

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Tying up the market - when your contracts cumulate into anti-competitive conduct

The long-awaited decision of the Federal Court in ACCC v Cement Australia demonstrates that if you seek to "tie up" the market through contractual arrangements with your suppliers (or customers

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New government, new competition laws?

The new government has announced that it will conduct a "root and branch review" of Australia's competition laws within the first 100 days of taking office. A "root and branch" review will examine...

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Repair, replace or refund? The costly consequences of getting it wrong: the HP case

It is standard practice for a company to have clearly articulated policies about consumer refunds including the circumstances in which the company may seek to repair or replace defective products...

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Sharp business conduct or unconscionable conduct? The decision in ACCC v Lux

The recent decision of the Full Court of the Federal Court in ACCC v Lux is unsurprising in so far as it confirms that the issue of whether conduct is unconscionable under the Australian Consumer...

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Lessons from recent ACCC merger reviews - how to get your deal through

Three recent ACCC merger informal clearance decisions reinforce the ACCC's view that 3:2 mergers will be presumed to be anti-competitive unless the parties can clearly demonstrate that structural...

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National access regime - proposals for change

On 25 October 2012, the Productivity Commission (PC) was asked to review the National Access Regime in Part IIIA of the Competition and Consumer Act 2010 to assess its role and efficacy and propose...

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What happens when the court disagrees with the penalty you agreed with the regulator?

The common practice of courts endorsing negotiated settlements involving 'agreed penalties' between private parties and prosecuting regulators was the subject of judicial criticism in the recent

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Treasury releases amendments to general anti-avoidance rules

The Australian Treasury has released proposed amendments to the general anti-avoidance rule (GAAR) in relation to schemes entered into or commenced to be carried out on or after...

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Personal Liability for Corporate Reform Bill 2012

On 19 September 2012, the Federal Government introduced the Personal Liability for Corporate Reform Bill 2012 into the Parliament. On 20 September the Senate referred the Bill to the Parliamentary...

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