News & Analysis as of

ACCC

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

by K&L Gates LLP on

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

It is the Reality of the Commercial Relationship That Counts: Travel Agent Flight Centre is a Competitor to the Airlines

by K&L Gates LLP on

- The High Court has allowed the Australian Competition and Consumer Commission's (ACCC) appeal in its prosecution of Flight Centre for attempted price-fixing arrangements with airlines. - The ACCC was successful in...more

Health Alert (Australia) December 12, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Circuit Court 5 December 2016 - Singh v Minister For Immigration & Anor [2016] FCCA 3061 - MIGRATION –...more

Franchising Update

by K&L Gates LLP on

Franchising has undergone several significant changes in the last quarter. Firstly, the introduction of the Unfair Terms Legislation will no doubt impact the documentation used by franchisors. Secondly, franchisors operating...more

Competition Law: Merger Clearance in Australia

by K&L Gates LLP on

Australia has a voluntary premerger notification regime, administered by a well-resourced and proactive antitrust authority, the Australian Competition and Consumer Commission (the ACCC). The ACCC's Merger Guidelines...more

ACCC Continues Probe into Offers of Extended Warranties

by K&L Gates LLP on

In Brief: - The Australian Competition and Consumer Commission (ACCC) has accepted an undertaking from an underwriter, Virginia Surety Company, Inc. (VSC) about VSC's offering of Extended Warranty products – following...more

Are You Ready for the Extension of the Unfair Contract Terms Regime to Small Business?

by K&L Gates LLP on

In Brief: Since 2010, the Australian Consumer Law (ACL) and the ASIC Act have prohibited and made void terms in standard form contracts with consumers that were unfair. From 12 November 2016, the Unfair Contract Terms...more

Australian Competition Law - Update for the aviation industry

by DLA Piper on

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

Health Alert (Australia) July 18, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 13 July 2016 - Inquest into the death of Geoffrey Scott Noakes Mr Noakes was a 43 year old with a...more

Franchising Update

by K&L Gates LLP on

Franchising is set to undergo change following the Australian Federal election. The Senate Standing Committee on Education and Employment recently recommended further amendments to the Franchising Code of Conduct to allow...more

Australian Court Imposes $3 Million Penalty for Product Safety Violations

by Kelley Drye & Warren LLP on

Earlier this month, the Australian Competition & Consumer Commission (ACCC) reminded businesses that, in February, the Federal Court of Australia ordered Woolworths to pay $3.057 million AUD for several violations of the...more

Health Alert (Australia) June 27, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 21 June 2016 - Inquest into the death of Summer Emerald Rose Jamsek Summer Jamsek was born at...more

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

by DLA Piper on

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

ACL Review to Consider the Adequacy of Consumer Laws for Comparator Websites

by DLA Piper on

The ACL is a national set of consumer protection laws that has operated in Australia since 1 January 2011. The ACL is a schedule to the Competition and Consumer Act 2010 (Cth). CAANZ will conduct a comprehensive review...more

Australian Competition & Regulation Update for Port & Rail Infrastructure Operators and Users

by DLA Piper on

In this update we touch on recent events in the competition and regulation space of relevance to port and rail infrastructure owners and access seekers, being: a recent decision of the Australian Competition...more

Australian competition law - Update for the aviation industry

by DLA Piper on

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

Australian Merger Clearance Reform

by DLA Piper on

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

Health Alert (Australia) - January 18, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: New South Wales 14 January 2016 - Health Care Complaints Commission v Athour [2016] NSWCATOD 5 The New South Wales...more

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

by DLA Piper on

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)...

by DLA Piper on

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

What does the Trans Pacific Partnership mean for IP in Australia?

by Seyfarth Shaw LLP on

The Trans Pacific Partnership Agreement (“TPP) between twelve Pacific Rim counties, including Australia and the United States, was finally made public on 5 November. The text of the Agreement will now be reviewed by...more

Australian Competition Law Update for the Aviation Industry

by DLA Piper on

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

Bitcoin Week in Review 09.19.15 – 09.25.15

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

Health Alert (Australia) - April 28, 2015

by DLA Piper on

In This Issue: Judgments; Reports; and Legislation. Excerpt from Judgments: Australia. Federal Court - 15 April 2015 - Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in...more

Competition & Regulation Update: Harper Review - Implications For The Private Health Insurance Industry

by DLA Piper on

On 31 March 2015 the final report of the Competition Policy Review Panel chaired by Professor Ian Harper (Harper Review) was released. The Harper Review Panel (Panel) has completed the most comprehensive review of Australia's...more

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