Following a number of recent cases in which parties have incorrectly claimed legal professional privilege (LPP) over documents to be produced for regulatory proceedings or investigations, and...
The Federal Court recently held that submissions and internal documents provided by a party to the ACCC to support or oppose a transaction pursuant to the ACCC’s informal clearance process could be...
The New Zealand High Court recently held that competitors who agreed on keyword search terms for online search advertising engaged in cartel conduct in breach of competition law.
We are pleased to share with you the 6th edition of our report on recent trends in complex informal merger clearance decisions made by the Australian Competition & Consumer Commission (ACCC).
We detail the higher penalties for breaches of the Franchising Code
Yesterday, the ACCC announced its compliance and enforcement priorities for 2022.
What is happening? A 2018 federal review of the current unfair contract terms (or UCT) protections concluded that the regime was ‘ineffective in both operation and effect’, including in terms of...
On 1 December 2021, the Australian Petroleum Production & Exploration Association (APPEA) announced the finalisation of the Voluntary Code of Conduct for the negotiation and development of Gas...
There is no doubt that the international competition law landscape is changing. While calls for increased regulation of ‘big tech’ frequently make headlines, there is a broader shift in competition...
Regulators and investigative bodies have extensive powers that can be brought to bear upon your corporation. Your corporation might come in contact with a regulator in the course of a voluntary...
If a regulator issues a warrant it is a serious matter. Typically, a warrant will only be sought after approval at senior levels within a regulator and can only be issued by a Magistrate or Justice...
Australian regulators have a range of compulsory information gathering powers. If your organisation is the subject of an investigation under surveillance for compliance with the law or facing an...
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...
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...
On 3 June 2021, the much-anticipated class exemption for small businesses, franchisees and fuel retailers came into effect.
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 .
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).
Yesterday, the ACCC released its Compliance and Enforcement Priorities for 2021.
Partners Sar Katdare and Andrew Willekes share insights on restraints of trade and dominance in Australia as part of Thompson Reuters’ Practical Law Competition Global Guide
Terms that may substantially prejudice the interests of the consumer.
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.
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...
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.
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...