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...
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...
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...
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...
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
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...
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...
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...
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...
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...
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
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...
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...
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
On 6 June 2012, the new anti-competitive price signalling laws will come into effect. While the Government at this stage only intends to apply these laws to the banking sector, recently proposed...
Recent cases demonstrate that companies should immediately perform a comprehensive audit of trade practices compliance programs to ensure they are up to date, effectively implemented and well...
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...