News & Analysis as of

Australian Competition and Consumer Commission

ACCC v Medibank decision provides some comfort for health funds

by DLA Piper on

On 30 August 2017, the Federal Court delivered its decision in the Australian Competition and Consumer Commission's (ACCC's) case against Medibank Private Limited (Medibank), dismissing each of the ACCC's allegations against...more

Car manufacturers' annus horribilis - Takata airbags and the ACCC's enforcement focus

by DLA Piper on

It is a tumultuous time for Australian car manufacturers. - The ACCC (the Australian competition, antitrust and consumer law regulator) released its draft study report into the new car retailing industry earlier this...more

Franchise Compliance: Franchising infringement notices and pizza

by Dentons on

A recent decision by the ACCC to issue infringement notices to a franchisor demonstrates the need for franchisors to comply with the ongoing disclosure requirements to franchisees under the Franchising Code of Conduct....more

Health Alert (Australia) 8 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 2 May 2017 - Australian Competition and Consumer Commission v Social-Lites Pty Ltd [2017] FCA 398 - TRADE PRACTICES – misleading...more

Health Alert (Australia) April 10, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 5 April 2017 - Reckitt Benckiser (Australia) Pty Ltd v Australian Competition and Consumer Commission [2017] HCASL 86 - The High...more

Economic regulation in the face of declining demand

by DLA Piper on

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

by DLA Piper on

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

by DLA Piper on

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

by DLA Piper on

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

Australian competition and consumer law update for food and beverage sector

by DLA Piper on

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

Competition law scrutiny of patent settlements - a new focus in Australia?

by DLA Piper on

Settlement agreements in patent disputes between pharmaceutical companies may soon face greater competition law scrutiny in Australia. The Productivity Commission has put ‘pay for delay’ patent settlements between originator...more

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

by DLA Piper on

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

Competition and consumer law update for the food and beverage sector

by DLA Piper on

Results of a Food and Grocery Code of Conduct supplier survey suggest retailers can improve compliance with the Code - One year has now passed since Australia's two major supermarkets signed up to the Food and Grocery...more

Health Alert (Australia) July 25, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth 21 July 2016 - NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC...more

Top tips for franchisors entering Australia

by Dentons on

The franchising industry is projected to post annualised growth of 2.8 per cent over the next five years according to a recent report by IBIS World – one of the leading industry researchers operating in that market. The...more

Health Alert (Australia) - May 9, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: JUDGMENTS Commonwealth. Federal Court 29 April 2016 - Australian Competition and Consumer Commission v Reckitt...more

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

by DLA Piper on

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

Misuse of market power: How proposed changes to the law will affect the private health insurance sector

by DLA Piper on

The Turnbull Government recently announced that it will adopt the Harper Review's recommendation to amend section 46 of the Competition and Consumer Act. The Government expects to introduce the relevant legislation into...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

Health Alert (Australia) - November 16, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports. - Excerpt from Judgments: Commonwealth. Federal Court 11 November 2015 - Ramsay Health Care Australia Pty Ltd v Compton [2015] FCA 1207 The Federal...more

Antitrust Matters - September 2015

by DLA Piper on

Antitrust investigations are no longer limited to a nation’s borders, or even to a region. Enforcers are more and more sharing information and coordinating their investigative efforts as they strive to uniformly enforce the...more

Australian Competition Law Update for the Aviation Industry - August 2015

by DLA Piper on

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. DLA Piper has significant experience in the aviation...more

Pharmaceutical IP and Competition Law in Australia: Overview

by DLA Piper on

Conditions and legislation Australian patent law is governed by the Patents act 1990 (Cth) (Patents Act). The Patents Act provides for the grant of two main types of patents in Australia: - Standard, which is...more

Truth in Advertising - An Overview of Recent Contraventions of the Misleading and Deceptive Conduct Provisions of the Australian...

by K&L Gates LLP on

The Australian Competition and Consumer Commission (ACCC) continues to focus on misleading and deceptive advertising and communication strategies adopted by businesses selling products and services as an enforcement priority....more

Competition and Regulation Update: A Win For High Quality Brands And Distributors

by DLA Piper on

In December 2014, The Australian Competition And Consumer Commission (ACCC) Authorised Tooltechnic To Fix The Minimum Price At Which Its Dealers Could Sell Festool Tools To Consumers - That Is, To Engage In Resale Price...more

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