Insights

Recovery of cost of proceedings denied as a result of belated s477(2B) applications

In circumstances where the number of retrospective applications made by liquidators under section 477(2B) of the Corporations Act for Court approval to enter into agreements of more than 3 months...

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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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Adverse action claims - reaching new heights

The general protections provisions of the Fair Work Act 2009 (Cth) (the Act) are becoming an increasingly popular forum of redress for individuals and unions. In the last financial year over...

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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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Changes to Australia's tax rules announced in the 2013/14 Federal Budget

In the Federal Budget handed down on 14 May 2013, the Government announced that it would accept a series of Treasury recommendations to protect the corporate tax base from ...erosion... and close...

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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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Workwise - Important changes to the Fair Work Act 2009

On 27 June 2013, the Federal Government passed legislation to amend the Fair Work Act 2009 (FW Act). The new laws are part of the second tranche of changes made to the FW Act from the Review Panel...

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Directors Cotton On to consumer safety standards

A recent Federal Court decision highlights the ACCC's readiness to heavily enforce mandatory safety standards, especially in circumstances where the safety of vulnerable consumers may be...

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Google goes to the High Court

The JWS Corporate Counsel Seminar on 30 May offered insights into the ACCC's proceedings against Google, which alleged that Google had engaged in misleading and deceptive

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How to avoid engaging in resale price maintenance when dealing with maverick retailers

This note examines what strategies are available to suppliers where a reduction in supply price is not commercially viable, and what to do when one of your customers' heavy discounting results in

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Competition and consumer law implications of the carbon tax

The Government's carbon pricing scheme commences on 1 July 2012. This article outlines the competition and consumer law compliance implications of the "carbon tax" that are relevant to virtually

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Price disclosure laws - coming to an industry near you...

On 24 March 2011, the Federal Government introduced the much-debated anti-competitive price disclosure Bill into Parliament....While the law is intended to apply to the banking sector only, there...

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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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