Australian Update - Guide to Sustainable Collaborations – ACCC - On 8 July 2024, the Australian Competition & Consumer Commission (ACCC) published a draft guide on Sustainability collaborations and Australian competition law...more
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more
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
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
On July 24 2024, the Australian Federal Government released its long-awaited exposure draft legislation to amend Australia's current informal merger clearance process to a mandatory merger control regime (Exposure Draft)...more
Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more
AUSTRALIAN UPDATE - Updated Bill to Introduce Climate-Related Financial Reporting Regime - Background - The Australian Government released the first reading draft of the Treasury Laws Amendment (Financial Market...more
The Australian government is in the process of finalising legislation relating to its proposed mandatory climate-related financial disclosure regime, following the completion of a one-month consultation process on the draft...more
The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more
On 10 April 2024, Australia’s Federal Government announced far-reaching reforms to its merger control regime, most notably the introduction of a new single, mandatory and suspensory, merger control system. The reform package...more
The Background: The Australian Federal Treasurer recently announced sweeping reforms to Australia's merger review regime. These reforms will overhaul the current merger review regime in Australia to introduce mandatory filing...more
Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...more
Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more
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
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
Gina Cass-Gottlieb, Chair of the Australian Competition and Consumer Commission (ACCC), this week announced the ACCC's 2024-25 Compliance and Enforcement Priorities.1 The ACCC's priorities continue to be shaped by the key...more
Several antitrust authorities ended 2023 with a bang by imposing record fines. Resale price maintenance (RPM) and cartel conduct were particularly in the spotlight....more
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
Australian Update - ASIC to Focus on Net Zero Statements and Targets - On 21-22 November 2023, the Australian Securities & Investments Commission (ASIC) hosted the ASIC Annual Forum, outlining: The progress and outcomes ASIC...more
The Competition Review announced by the Australian Government on 23 August 2023 is well underway. A Competition Taskforce has been established, with the scope of the Review broad - extending beyond the current competition...more
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more
Companies will often make representations about modern slavery as part of their environmental, social and governance (ESG) measures. In this article, we consider whether potentially false or misleading claims about modern...more
The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more
In July 2023, the Australian Competition and Consumer Commission (ACCC) released draft guidance for businesses making environmental and sustainability claims (the Draft Greenwashing Guidance). The Draft Greenwashing Guidance...more
The Australian Government has recently announced that another comprehensive review of the Franchising Code of Conduct (Code) is to be undertaken by Dr. Michael Schaper. The report, which is intended to include appropriate...more