ACCC

News & Analysis as of

Health Alert (Australia) - April 28, 2015

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

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

Competition & Regulation Update: Harper Review: A Small Victory For Businesses Dealing And Competing With Supermarkets

The Harper Review Final Report was released last week. This update highlights the Panel's key views and recommendations that affect businesses supplying to or competing with supermarkets. MISUSE OF MARKET POWER...more

Harper Review: Implications for networks businesses

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for networks businesses....more

Competition & Regulation Update: Harper Review - Key Recommendations For Port And Rail Infrastructure Operators/Users

The long-awaited Harper Panel's Final Report on Australian competition law and policy has been released. In this update, we highlight the key recommendations of the panel relevant to port and rail infrastructure operators and...more

Australian Competition Law: Update for the Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. Harper Review creates opportunity for structural...more

Harper Review - Implications for wholesale electricity markets

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for wholesale electricity markets....more

Coles' $10 Million Pecuniary Penalty Order For Unconscionable Conduct Is A Win For Businesses In Encouraging Good Standards Of...

On 22 December 2014, the Federal Court ordered Coles to pay $10 million in pecuniary penalties for engaging in conduct that constituted unconscionable conduct in contravention of section 22 of the Australian Consumer Law...more

Harper Review Panel only goes half way for insurers

In its final report released on 31 March 2015, the Competition Policy Review Panel (chaired by Professor Ian Harper) has maintained some of the draft competition policy recommendations that were supported by insurers, but did...more

The ACCC's hunt for franchisors starts with AU$500,000 penalty

In a wakeup call for franchisors, the Federal Court earlier this week imposed an AU$500,000 penalty on South East Melbourne Cleaning Pty Ltd (formerly Coverall Cleaning Concepts South Easy Melbourne Pty Ltd) (Coverall) for...more

Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

Competition and Regulation Update: Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

Competition & Regulation Update: October 7, 2014

A Snapshot - New Developments Shaping Australia's Cartel Enforcement Landscape: Identifying and prosecuting cartel conduct is an "enduring priority" for the Australian Competition and Consumer Commission (ACCC) and...more

Antitrust In Australia: Where Is It Heading?

The ACCC argues the current wording of section 46 of the Competition and Consumer Act 2010 (CCA) (which regulates misuse of market power) does not sufficiently capture exclusionary anti-competitive conduct that can damage the...more

Australia: Money for nothing and bets for free – ACCC files legal proceedings against Bet365

The Australian Competition and Consumer Commission (ACCC) has filed proceedings in the Federal Court alleging that the advertising campaign conducted by companies within the Bet365 Group (Bet365) which offered ‘free bets’ and...more

Australia: ACCC proposes to object to betting agencies’ immunity for collective bargaining and collective boycott against the NRL

On 13 February 2014, the Australian Wagering Council Limited (AWC) lodged a collective bargaining and collective boycott notification (the Notifications) with the Australian Competition and Consumer Commission (ACCC),...more

ACCC raises concern over conduct in the mobile app industry

The Australian Competition and Consumer Commission (ACCC) has this week expressed the need for industry guidance to ensure greater consumer protection by the “app” games industry....more

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited...

The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four...more

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

ACCC Publishes Guidelines on Its Use of Infringement Notices

The Australian Competition and Consumer Commission (ACCC) have published much needed guidance on its use of infringement notices issued under the Competition and Consumer Act 2010 (Cth) (CCA). This guidance is timely...more

Unfair Contract Terms - ACCC Moves to Enforcement Phase

The Australian Competition and Consumer Commission's (ACCC) period of grace concerning the use of unfair contract terms in standard form consumer contracts is over. Following an industry review which prompted some businesses...more

Franchising Update - Febuary, 2013

This edition of our Franchising Update includes the following articles: - The recently announced review of the Franchising Code. - The Pie Face dispute – misleading information or inadequate due...more

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