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Economic regulation in the face of declining demand

Overview of decision - On 28 March 2016, the Federal Court dismissed Telstra's appeal against the ACCC's October 2015 decision setting the prices for fixed line telecommunications services. In upholding the ACCC's...more

Australian competition and consumer law update for food & beverage sector

The Australian Competition and Consumer Commission (ACCC) recently released its Compliance and Enforcement Policy for 2017. The compliance and enforcement priorities that are likely to be most relevant to businesses in the...more

ACCC continuing to target private health insurance in 2017

The Australian Competition and Consumer Commission (ACCC) has singled out consumer issues in private health insurance as a priority area for 2017. Released on 24 February, the 2017 ACCC Compliance and Enforcement Policy...more

ACCC Investigations: Be prepared in 2017

The start of a new calendar year marks a good opportunity for businesses to review their competition and consumer law compliance programs and identify key risk areas for the year ahead. The most recent annual report of the...more

Discovering the future

Technology assisted document review (TAR) has been ordered for the first time in Australia by the Victorian Supreme Court. Given the large number of documents being created every day and the need to deal with cases at...more

Australian competition and consumer law update for food and beverage sector

The ACCC has released an Issues Paper in its Inquiry into the Australian dairy industry seeking feedback on issues including: The Inquiry follows a number of other developments this year that have put the spotlight on...more

Australia: a rapidly changing power market

Australia is a fascinating case study in the global energy sector. Factors including Federal and State government incentives have driven rapid uptake of renewable generation and other emerging technologies, making Australia...more

ACCC investigations: A short guide on what to do and how to prepare

The Australian Competition and Consumer Commission (ACCC) has powers to investigate potential breaches of competition and consumer law in Australia – including cartel conduct, anti-competitive arrangements, misuse of market...more

Australian Competition Law - Update for the aviation industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified in our update present both opportunities and risks. DLA Piper has significant experience in the...more

Unfair contract terms will soon apply to contracts with small business

Do you need to review your standard form contracts? This update provides a summary of the new laws extending the unfair contract terms prohibition to standard form contracts with small business in Australia. The new...more

Will network charges encourage the installation of residential batteries?

It remains to be seen what impact batteries will have on the operation of Australia’s electricity networks. They may become an integral part of those networks, could be used as a substitute for those networks and may...more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Investment trends in renewable energy in Australia

Australia's ability to achieve its renewable energy target has been hampered in recent years by excess supply and falling demand in the wholesale electricity market and political uncertainty regarding incentives for renewable...more

Australian Competition & Regulation Update - Misuse of Wholesale Electricity Market Power - US Class Action Proceeds

WHAT HAPPENED IN THE US? Class Action to proceed On 1 April 2016, a US District Court allowed a class action to proceed. The action was brought by Merced Irrigations District (Merced) against Barclays Bank PLC...more

Consequences for those involved in cartel conduct increasing in Australia and abroad

Companies and individuals who breach prohibitions against cartel conduct face increasing levels of fines and other penalties in Australia and overseas. In this article, we outline expected developments in Australia this year,...more

Australian competition law - Update for the aviation industry

High Court to hear ACCC appeal of Flight Centre decision regarding carrier agent discussions On 11 March 2016, the High Court granted special leave to the ACCC to appeal the decision of the Full Federal Court in the Flight...more

Antitrust Matters - March 2016: Hubs, spokes, middlemen and signalling

Despite European competition law's dynamic and ever-evolving nature, for a very long period of time undertakings could rely on two quasi-certainties: first, that vertical information gathering – gathering or exchanging...more

COMPETITION & REGULATION UPDATE: HOW SHOULD YOU RESPOND TO AN AER INVESTIGATION?

The Australian Energy Regulator (AER) has broad powers to investigate suspected breaches of the National Electricity Rules (NER) including to issue section 28 notices to produce documents and information and to obtain search...more

Bidding in good faith rule change: Practical steps to minimise the risk of an AER investigation

The change to the rebidding rule published by the Australian Energy Market Commission (AEMC) in December will come into effect on 1 July 2016. As such, participants have a relatively short period in which to determine,...more

Australian Merger Clearance Reform

Australia may see a more streamlined merger clearance process in the future after the Government decided to support the recommendations of the Harper Review’s Final Report in relation to competition merger law. The...more

1/20/2016  /  ACCC , Australia , Mergers , Regulatory Reform

What to do if the ACCC come knocking: Practical tips for handling section 155 examinations

In our second article on the Australian Competition & Consumer Commission’s (ACCC) coercive information-gathering powers, we examine section 155(1)(c) notices and suggest some practical “do’s and don’ts” for examinees. Read...more

Competition & Regulation Update - What to Do if the ACCC Come Knocking: Practical Tips for Responding to Section 155(1)(A) and (B)...

The Australian Competition & Consumer Commission (ACCC) has broad powers to investigate suspected breaches of the competition and consumer provisions of the Competition and Consumer Act (CCA), including the use of coercive...more

Competition and Market Regulation Update: A Win for Unregulated Infrastructure Providers - Government Response to Harper and PC...

Last week the Government released its response to the Harper Competition Policy Review. Whilst much of the media focus has been on this response the Government also released at the same time its response to the Productivity...more

Australian Competition Law Update for the Aviation Industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified below present both opportunities and risks.... The below table summarises key competition cases and...more

Competition and Regulation Update: A Lower Bar for Coverage of Gas Pipelines?

The regulation of gas transmission pipelines faces significant reform. The Australian Energy Market Commission (AEMC) has proposed amending or removing criterion (a) from the Coverage Criteria. This would represent a very...more

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