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Australian Mandatory Merger Clearance: Regime Details Starting to Emerge – Government Publishes Draft Determination, ACCC...

On 28 March 2025, the Australian Government (the Government) published its draft Determination providing the beginnings of detail about the acquisitions that are the subject of mandatory notification, some of the exceptions...more

Competition and Consumer Law Round-Up: December 2024 – January 2025

What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as...more

Deal Done: Mandatory Merger Clearance in Australia Becomes Law

It is now confirmed that Australia will have a mandatory and suspensory (competition) pre-merger clearance regime with the passing of legislation last week....more

Competition and Consumer Law Round-Up

What's Inside this Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as...more

Australia Greenwashing: Half-Yearly Review of ASIC and ACCC Prosecutions – and ACCC Position on Environmental Collaborations

In Brief - The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged "greenwashing" (misleading...more

Australia Mandatory Merger Clearance: Government Decides on Thresholds—Introduces Legislation

In Brief - On 10 October 2024, the Australian Government introduced a bill into Parliament for Australia to enact a mandatory and suspensory competition merger clearance regime....more

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

May 2024 ESG Policy Update—Australia

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

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

Is 'Freedom-Washing' the New Greenwashing, and What are its Legal Consequences?

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'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

Legislative Corrosion of Time Bars in Construction Contracts

Principals, contractors, and other building industry participants should take the opportunity in early 2023 to review contracts and procurement practices, specifically with respect to time bars in standard form contracts. ...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

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