In Short -
The Situation: From July 1, 2023, foreign investors in Australia will be subject to new registration requirements under Australia's foreign investment regime....more
Australia has significantly increased penalties for competition and consumer law breaches and also expanded the scope of the law that prohibits unfair contract terms ("UCT")....more
This Jones Day Global Merger Control Update highlights significant recent developments and changes in merger control regimes. In this Update, we review: (i) key changes to merger regimes in Austria, Belgium, Bulgaria,...more
The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. ...more
The Background -
Despite plentiful natural resources and a healthy domestic demand for energy, Australia's offshore renewable energy sector has lagged behind comparable jurisdictions. While the offshore wind sector is...more
NSW Court of Criminal Appeal rules that any admissions made in civil proceedings can be used in future criminal proceedings.
In Turnbull v Office of Environment and Heritage [2021] NSWCCA 190, the NSW Court of Criminal...more
Recent Merger Review and Litigation in Australia -
Australia's antitrust merger laws have remained largely unchanged since 1993. The law prohibits the acquisition of assets or shares with the effect or likely effect of...more
The New South Wales Government recently announced that the land available for gas exploration will be significantly reduced.
The Future of Gas Statement published by the New South Wales ("NSW") Government outlines plans...more
Australia's competition authority settles allegations that port operator misused its market power.
The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the...more
This Jones Day Global Merger Control Update highlights significant changes in merger control regimes in 2020. In this Update, we review: (i) changes in Australia, Belgium, Botswana, Bulgaria, Ecuador, France, Germany,...more
2/1/2021
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Merger Controls ,
Mergers ,
New Rules ,
Notification Requirements ,
Public Comment ,
Rulemaking Process ,
Vertical Mergers
The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more
The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more
Fortnite game maker Epic Games brings dispute with Apple to Australia, alleging "misuse of market power."
Epic Games, developer of the popular game Fortnite, filed proceedings in the Federal Court of Australia alleging...more
The New South Wales ("NSW") government recently released its Electricity Infrastructure Roadmap setting out a 20-year plan focused on delivering growth through investment in storage and renewables.
The NSW government's...more
Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court...more
The UK Competition and Markets Authority ("CMA") Final Report in the Market Study into Online Platforms and Digital Advertising proposes the creation of a new regulatory authority and additional regulations to govern the...more
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply...more
The Development: The Australian Competition and Consumer Commission ("ACCC") recently issued new guidelines regarding compulsory information requests. The guidelines clarify application of the "reasonable search defense"...more
The Australian Competition and Consumer Commission ("ACCC") has opposed the proposed $15 billion merger of telecom providers TPG Telecom Limited ("TPG") and Vodafone Hutchison Australia Pty Ltd ("Vodafone"). The ACCC's...more
The Australian Competition and Consumer Commission ("ACCC") has signed a new memorandum of cooperation ("MOC") with the United States Federal Bureau of Investigation ("FBI"). The interagency agreement was signed in Washington...more
The Situation: The Notifiable Data Breach scheme, introduced by amendments to the Privacy Act 1988 (Cth), requires an assessment when an entity suspects that there may have been loss of, unauthorised access to, or...more
This Jones Day Global Merger Control Update examines recent developments in merger control regimes, as well as anticipated changes to those regimes worldwide.
Merger control enforcement has continued to surge around the...more
4/19/2019
/ Acquisitions ,
Anti-Monopoly ,
Antitrust Investigations ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Global Market ,
Hart-Scott-Rodino Act ,
Joint Venture ,
Merger Controls ,
Mergers ,
Size of Transaction Test ,
Threshold Requirements
Although Australia's Competition and Consumer Act 2010 (Cth) has contained criminal cartel prohibitions since 2009, the Australian Competition and Consumer Commission has now made criminal cartel enforcement one of its top...more
8/3/2018
/ Australia ,
Australian Competition and Consumer Commission (ACCC) ,
Cartels ,
Competition ,
Competition Authorities ,
Criminal Antitrust Litigation ,
Financial Services Industry ,
Foreign Exchanges ,
Immunity ,
Popular ,
Price-Fixing
As a result of its dismissal of an appeal from video game publisher Valve in April 2018, the High Court of Australia has affirmed that overseas-based companies that sell to Australia must abide by the Australian Consumer Law...more
5/22/2018
/ Australia ,
Australian Competition and Consumer Commission (ACCC) ,
Australian Consumer Law ,
Consumer Protection Laws ,
Consumer Rights Directive ,
Cross-Border ,
Goods or Services ,
High Court of Australia ,
Internet Retailers ,
Manufacturers ,
Terms and Conditions ,
Vendors
In a speech to the Energy Users Association of Australia ("EUAA"), the Australian Competition & Consumer Commission ("ACCC") Chairman said that the energy market is not working effectively for commercial and industrial users...more
5/21/2018
/ Australia ,
Australian Competition and Consumer Commission (ACCC) ,
Competition ,
Electricity ,
Energy Market ,
Natural Gas ,
Networks ,
Oil & Gas ,
Price Discrimination ,
Regulatory Reform ,
Utilities Sector