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Australian Government Proposes Monetary and Market Share Thresholds for Mandatory Merger Clearance Regime

The Australian Government (the Government) opened consultation on Australia’s proposed merger notification thresholds. The Consultation Paper proposes a notification regime that consists of four different thresholds—two based...more

Unfair Contract Terms Continue to be a Major Enforcement Priority for ASIC and the ACCC: Prosecutions of PayPal and Auto & General...

In Brief - Following reforms to the unfair contract terms (UCT) regime on 9 November 2023, the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) are...more

Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime....more

Cost of Living, Sustainability and the Digital Economy: ACCC Releases its 2024-25 Compliance and Enforcement Priorities

In Brief - The Australian Competition and Consumer Commission (ACCC) has released its compliance and enforcement priorities for 2024-25, with ACCC Chair Gina Cass-Gottlieb expanding on the Commission's key areas of focus in...more

Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and...

In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more

Expanded Unfair Contract Terms Regime Has Commenced - Are You Compliant?

IN BRIEF - Following a year's 'grace' to allow businesses to be prepared, changes to the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act), which commenced on 9...more

The ACCC's Eight Commandments for Environmental and Sustainability Claims and Avoiding Greenwashing and Breaches of the Australian...

IN BRIEF - The Australian Competition and Consumer Commission (ACCC) has just issued its long anticipated guidance on the making of environmental and sustainability claims. The ACCC has set out eight principles which, in its...more

Pricing and Selling of Essential Services, Greenwashing, Unfair Contract Terms, Among the ACCC's 2023-24 Compliance and...

The Australian Competition and Consumer Commission (ACCC) Chair, Gina Cass-Gottlieb, has outlined the Commission's ambitious compliance and enforcement priorities for 2023-24....more

So You're Green – Prove It or Be Prosecuted: ACCC Sweep Finds 57% of Green Claims "Concerning"

In brief - The ACCC has published the findings of its recent internet sweep of environmental and sustainability marketing claims made by businesses. Across 247 company websites, the ACCC found that 57% of businesses had made...more

One Size Does Not Fit All: Court Declares 38 Terms in Fujifilm Small Business Contracts to be Unfair and Void

In Brief - The Federal Court has declared 38 terms across 11 of Fujifilm's (being Fujifilm Business Innovation Australia or Fujifilm Leasing Australia) small business contracts to be unfair contract terms (UCT) and void under...more

The Government Ramps up Penalties for Competition and Consumer Law Breaches - AU$50 Million or 30% Turnover for Companies and...

In July, we outlined the new Government's Competition and Consumer Law policy initiatives. The Government has now moved forward with one of these initiatives, publishing for consultation a draft bill and related explanatory...more

Greater Penalties for Competition Breaches & Unfair Terms, Responsiveness to Super Complaints: The Labor Government's Approach to...

As the new Parliament prepares to sit, it is useful to consider the new Labor Government’s key focus areas for competition policy. These changes are intended to further strengthen consumer and small business rights and deter...more

Greenwashing, Digital Advertising & Platform Issues, Financial Services & Consumer Guarantees: What the ACCC's 2022/23 Priorities...

The Australian Competition and Consumer Commission (ACCC) has just published its compliance and enforcement priorities for FY 2022/23. For the first time, the ACCC has aligned its annual priorities to the financial year. It...more

Unfair Contract Terms – Significant Broadening of Scope and Penalties for Breaches: Is your Business Prepared?

IN BRIEF - The Australian Government has released the Exposure Draft legislation and Explanatory Materials for an anticipated suite of reforms to unfair contract terms (UCT) laws found in the Australian Consumer Law (ACL) and...more

Regulating the Economic Pie: Key Takeaways From the ACCC's 2021 Enforcement Priorities

In Brief - Australian Competition and Consumer Commission (ACCC) Chair, Rod Sims, has announced the ACCC's 2021 compliance and enforcement policy and priorities. The focus of the ACCC's 2021 priorities is reflective of its:...more

Ready or Not, Competition Law Exemptions for IP Rights are About to be Repealed

In Brief - The repeal of the exemptions relating to the licensing and assignment of intellectual property (IP) rights from certain competition law provisions in Australia will soon take effect....more

Penalties for Australian Consumer Law Breaches Increase Tenfold (if not More)

In Brief - On 23 August 2018, Federal Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Bill) to substantially increase the maximum financial penalties for contraventions of the Australian...more

Supplying Products & Managing Margin Down Under: Online Price Erosion Strategies for Product Manufacturers in Australia and New...

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies....more

Australia's Fines Not High Enough: The ACCC Redoubles its Focus and Sets out its Priorities

In Brief - Rod Sims, Chairman of the Australian Competition and Consumer Commission (ACCC) has said that companies must be fined more for breaching Australian competition and consumer laws. ...more

Australian First: Criminal Charges Laid Against Individuals for Alleged Cartel Conduct

In Brief - On 15 February 2018, the Australian Competition and Consumer Commission (ACCC) announced that criminal charges had been laid against The Country Care Group Pty Ltd (Country Care), its Manager Director, Robert...more

Harper Amendments to Australia's Competition Laws Passed: ACCC Heralds a "New Era" in Competition Law

On 18 October 2017, Australia's Parliament passed into law long-awaited legislation to amend Australia's competition laws. The passing of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 and...more

Unfair Contract Terms in Small Business Contracts: ACCC Takes its First Court Action Against JJ Richards

On 6 September 2017, the Australian Competition and Consumer Commission (ACCC) commenced proceedings against JJ Richards & Sons Pty Ltd (JJ Richards), one of Australia's largest privately-owned waste management companies. ...more

ACCC and CrownBet Roll the Dice - Apply for Judicial Review of Tabcorp/Tatts Merger Authorisation

In Brief: On 10 July 2017, the ACCC applied to the Federal Court for judicial review of the Australian Competition Tribunal (Tribunal)'s determination to grant authorisation to Tabcorp Holdings Limited's proposed...more

Patent and Plant Breeder’s Rights Year in Review

Welcome to the first edition of K&L Gates Australia, Patent and Plant Breeder’s Rights Year in Review in which we examine the significant judgments, developments and events effecting patents and plant breeder’s rights in...more

Higher Penalties, Construction, Health and Energy: the ACCC Sets its Enforcement Priorities for 2017

In brief: - On 24 February, the ACCC unveiled its Enforcement and Compliance priorities for 2017. - The ACCC's enforcement activities in 2017 will continue to target larger companies causing harm to consumers and...more

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