27th April 2012
By Elizabeth Avery, Gina Cass-Gottlieb, Moya Dodd, Paula Gilardoni, Simon Snow, Peter Waters, Luke Woodward
This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.
23rd January 2012
By Elizabeth Avery, Morelle Bull, Adelina Widjaja, Luke Woodward
The Australian chapter of Dominance 2012 was published as part of the Getting the Deal Through series. Accreditation: Reproduced with permission from Law Business Research Limited. This article was first published in Getting the Deal Through – Dominance 2012, (published in December, 2011; contributing editors Thomas Janssens and Thomas Wessely, Freshfields Bruckhaus Deringer). For further information please visit www.GettingTheDealThrough.com.
23rd December 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
The Parliamentary Secretary to the Treasurer, David Bradbury, has today released the proposed price signalling regulations for consultation. After much debate, the Government’s Competition and Consumer Act Amendment Act (No 1) 2011 was recently passed to prohibit price signalling and other information disclosures, as prescribed by regulation.
20th December 2011
By Morelle Bull, Catherine Dermody, Catherine Earles
Please click here to access the Australian chapter of Electricity Regulation 2012, that presents an overview of the government policy and legislative framework for the electricity sector in Australia. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Electricity Regulation 2012, (published in November, 2011; contributing editor: Earle H O’Donnell, White & Case LLP). For further information please visit www.GettingTheDealThrough.com.
12th December 2011
By Andrew Floro, Matt Mackenzie
On 8 December 2011, the Federal Court has ordered that Harvey Norman pay a pecuniary penalty of $1.25 million for contraventions of the Trade Practices Act (TPA) and the Australian Consumer Law (ACL).
1st December 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
The Full Court of the Federal Court of Australia dismissed the ACCC’s appeal from Emmett J’s decision in Australian Competition and Consumer Commission v Metcash Trading Ltd [2011] FCA 1079, in effect giving Metcash the green light to complete its $215 million acquisition of Franklins.
29th November 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Simon Snow, Luke Woodward
On 25 November 2011, the Senate passed the Competition and Consumer Legislation Amendment Bill 2011 (the Bill) without amendment. Senator Xenophon moved proposed amendments to the Bill but they were not agreed.
25th November 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Simon Snow, Luke Woodward
On 24 November 2011, the Senate passed the Competition and Consumer Amendment Bill (No. 1) 2011 (Bill) with no amendments. The Bill will amend the Competition and Consumer Act 2010 to prohibit anti-competitive price signalling and will commence 6 months after it receives Royal Assent.
1st November 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.
20th October 2011
The Hong Kong Government has announced a package of proposed amendments to the Competition Bill (Bill) to address concerns from the business community, especially SMEs. The Secretary for Commerce and Economic Development Greg So will brief the Legislative Council (LegCo) Competition Bill Committee (Bills Committee) on the amendments next Tuesday, 25 October 2011.
10th October 2011
By Elizabeth Avery, Justine Cameron, Peter Feros, Peter Giurissevich, Rani John, Kaushalya Mataraaratchi, Freya Smith
The past year has seen important decisions and developments in a number of areas affecting investigations and enforcement action taken by Australian regulators. The Australian Chapter of the inaugural International Investigations Review outlines significant changes in enforcement matters in Australia. Reproduced with permission from Law Business Research Ltd.
27th September 2011
By Andrew Floro, Matt Mackenzie
The Australian Competition and Consumer Commission (ACCC), brought a case against Google Inc and Trading Post alleging that they had engaged in misleading or deceptive conduct in connection with the publication of sponsored links on Google’s search results pages in contravention of s 52 of the Trade Practices Act 1974 (Cth) (TPA). An equivalent provision to s 52 of the TPA is now found in s 18 of the Australian Consumer Law (ACL).
13th September 2011
By Jennifer Barron, Catherine Earles
Justice Dowsett of the Federal Court has dismissed an application by the Australian Energy Regulator (AER) alleging that Stanwell Corporation Limited (Stanwell) breached its obligation under the National Electricity Rules (Rules) to bid its dispatch capacity in good faith. The decision provides important guidance to generators, the AER and rule-making and policy-making bodies about the substance of the obligation to bid in good faith.
25th August 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
This morning Justice Emmett of the Federal Court ordered that the ACCC’s challenge to Metcash’s acquisition of Franklins be dismissed. A summary of the Court’s conclusions was released today, with full reasons to follow tomorrow.
19th August 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
On 17 August 2011, the House of Representatives passed the Government’s Competition and Consumer Legislation Amendment Bill 2011 (Bill) to amend the Competition and Consumer Law Act 2010 (CCA). The Bill proposes to address the issue of creeping acquisitions and simplify the unconscionable conduct provisions in the Australian Consumer Law (ACL).
31st July 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.
18th July 2011
The Government announced on 13 July 2011 that it would provide $12.8 million in additional funding to the Australian Competition and Consumer Commission (ACCC) to enable the ACCC to investigate and prosecute businesses that make misleading claims about the impact of the carbon tax on prices.
12th July 2011
Click here to listen to Partner Elizabeth Avery discuss the changes made to the Government’s price signalling bill, which passed in the House of Representatives on Thursday, 7 July, 2011.
12th July 2011
By Andrew Floro
On 7 July 2011, Justice Perram of the Federal Court of Australia ordered Singtel Optus to pay $5.26 million in civil pecuniary penalties for breaches of consumer protection provisions of the Trade Practices Act 1974 (TPA) (equivalent provisions are now found in the Australian Consumer Law which forms a schedule to the Competition and Consumer Act 2010). This is the biggest civil penalty imposed since the Federal Court was granted powers to order civil pecuniary penalties for breaches of consumer protection laws.
7th July 2011
The House of Representatives has passed the Government’s proposed Competition and Consumer Amendment Bill (No. 1) 2011 (Bill), to amend the Competition and Consumer Act 2010 with some significant amendments to the proposed per se prohibition on private disclosures between competitors in s 44ZZW (Private Disclosure Prohibition).
16th May 2011
A number of significant changes to national consumer protection laws introduced in 2010, resulted in the introduction of the Australian Consumer Law (ACL) in January 2011. On 12 April 2011, the Federal Court imposed penalties of $2.7 million on two overseas companies under these new provisions, the highest penalty awarded since new and enhanced penalties and enforcement powers were brought into the Trade Practices Act [since renamed the Competition and Consumer Act 2010 (Cth) (CCA)]. Click on our news alert for an update on other ACL and CCA developments.
13th May 2011
On 14 April 2011 Gilbert + Tobin hosted a special forum on the proposed legislation relating to price signalling and information exchanges. Part one featured a keynote address by the Hon David Bradbury MP, Parliamentary Secretary. Part two involved an interactive debate moderated by Gilbert + Tobin partner Luke Woodward, featuring speakers Stephen King, economist, the Hon Peter Heerey QC, retired Federal Court Judge and Elizabeth Avery, Gilbert + Tobin Partner. Click the price signalling forum hyperlink above for more details.
30th April 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
This update provides a summary of the latest competition developments in legislation , cases and ACCC activity.
28th March 2011
By Elizabeth Avery, Luke Woodward
Click here to listen to Partners Elizabeth Avery and Luke Woodward provide an update on price signalling reforms, following the introduction of the Government’s Bill into parliament last Thursday, 24 March, 2011.
25th March 2011
By Elizabeth Avery, Christoph van Opstal
The Government yesterday introduced its new laws to outlaw price signalling practices and other information disclosures into Parliament.
11th March 2011
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
A price squeeze occurs where a vertically integrated company raises its wholesale prices to competitors in the downstream market, and lowers its own retail prices to customers, resulting in a squeeze of the profit margins of downstream competitors. European Union and United States courts, in a set of matching cases in telecommunications, take opposite views about whether the conduct breaches competition/antitrust law.
14th February 2011
By Elizabeth Avery, Christoph van Opstal
On 12 December 2010, the Government released an Exposure Draft of the Competition and Consumer Amendment Bill (No 1) 2011 proposing to amend the Competition and Consumer Act 2010 (Cth) (CCA) (formerly known as the Trade Practices Act 1974) and introduce civil prohibitions against anti-competitive price signalling and information exchanges (Government Bill).
17th November 2010
Click here to listen to Partner Tim Gole discuss the reforms and what they mean for businesses and consumers alike.
23rd September 2010
By Elizabeth Avery, Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
Recent merger reviews by the Australian Competition and Consumer Commission (ACCC) reveal that the ACCC is scrutinising transactions more closely, for longer, and is opposing them more frequently.
8th September 2010
By Peter Waters
Click here for a link to our exclusive web broadcast interview with Peter Waters, Partner and Angi Ng, Lawyer on the proposed Competition Ordinance and its implications for businesses bases in Hong Kong.
6th July 2010
By Peter Waters, Luke Woodward
Hong Kong’s Competition Bill (the Bill) was gazetted on 2 July 2010. Formal public consultations on a cross-sector competition law for Hong Kong commenced in 2006. The Bill will be tabled in Hong Kong’s Legislative Council on 14 July 2010. When the Bill becomes law, it will be known as the Competition Ordinance.
19th April 2010
By Gina Cass-Gottlieb, Catherine Dermody, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
These changes are being introduced by the Trade Practices Amendment (Australian Consumer Law) Act 2010 (Cth) (2010 Amendment Act) and the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (2010 Bill).
1st November 2009
By Gina Cass-Gottlieb, Moya Dodd, Simon Snow, Peter Waters, Luke Woodward
Competition and Regulation Monthly update for October.
1st August 2009
In this article, we outline in detail the parameters of the prohibition against misuse of market power pursuant to section 46 of Australia`s Trade Practices Act 1974. We address a range of issues, including: (a) the basic elements of the section 46 offence; (b) whether section 46 applies to public bodies; (c) how `substantial degree of power in a market` is defined and established; (d) how `take advantage of` is defined; (e) how recoupment is relevant to the evaluation of predatory pricing; (f) how refusal to deal is dealt with; and (g) whether there are any defences to this prohibition. This article appeared in the 1st edition of The International Comparative Legal Guide to: Dominance 2009; published in August 2009Â by Global Legal Group Ltd, London
21st July 2009
By Claire Bothwell, Ken Saurajen, Simon Snow, Michael Williams
The Trade Practices Amendment (Australian Consumer Law) Bill 2009 (the Bill) proposes fundamental changes to the way in which consumer contracts are regulated in Australia across a wide range of industries. The Bill, which is the first phase in the implementation of a new, uniform, national consumer law, proposes to introduce provisions that will result in `unfair` and `prohibited` terms in consumer contracts being found void. In some circumstances it will also be a contravention of the Trade Practices Act (or the ASIC Act, as relevant) to apply or rely on these terms. Civil pecuniary penalties may also apply in connection with contraventions involving `prohibited terms`.
2nd July 2009
By Graeme Edgerton, Simon Snow, Luke Woodward
On Friday 26th of June 2009, the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2008 (Cth) received Royal Assent. The operative provisions, including the prospect of jail terms of up to 10 years for cartel conduct, will commence on the 24th of July 2009.
18th June 2009
By Graeme Edgerton, Simon Snow, Luke Woodward
Late on Monday evening the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (Cth) passed the Senate with minor amendments. As a result of the amendments, it was necessary for the Bill to be passed again by the House of Representatives. The Bill passed the House in its amended form this afternoon and is now awaiting Royal Assent.
25th May 2009
As anticipated, the Trade Practices Amendment (Clarity in Pricing) Act 2008 (Amendment) came into effect today (25 May 2009), having been passed by the Senate and having received royal assent in November 2008.
20th May 2009
By Gina Cass-Gottlieb, Simon Snow, Luke Woodward
The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs has now released a second discussion paper seeking comments on `the best way forward to address the issue of creeping acquisitions`.
19th February 2009
By Tim Gole, Peter Jones, Simon Snow, Luke Woodward
On 17 February 2009, the Assistant Treasurer released the Federal Government`s consultation paper on some of the most significant consumer law reform in Australia`s history. The consultation paper, An Australian Consumer Law, is one of the final steps towards establishing a uniform national consumer law to replace the current State, Territory and Federal consumer laws that operate under various fair trading legislation and the Trade Practices Act 1974 respectively.
18th February 2009
The Trade Practices Amendment (Clarity in Pricing) Act 2008 (Amendment) was passed by the Senate on 11 November 2008 and received the royal assent on 25 November 2008. The Amendment will commence within 6 months of the royal assent, that is, on or before 25 May 2009.
4th December 2008
By Graeme Edgerton, Simon Snow
One year to the day after the Rudd Government was sworn in, it has introduced its long anticipated Bill to provide criminal sanctions for cartel conduct. Individuals engaged in price fixing, bid rigging, market sharing or output restriction with their competitors will face jail terms of up to 10 years as well as significant fines once the amendments come into effect.
25th November 2008
By Gina Cass-Gottlieb, Simon Snow, Luke Woodward
The ACCC`s response to the Government`s Creeping Acquisitions Discussion Paper. As we had advised in our previous update in September (click here), the Assistant Treasurer and Minister for Competition Policy and Consumer Affairs released a discussion paper (Discussion Paper) calling for public comment on the best way forward for a law to prevent `creeping acquisitions`.
1st November 2008
By Gina Cass-Gottlieb, Simon Snow, Luke Woodward
The ACCC has released its long awaited Merger Guidelines (2008 Guidelines). The role of these guidelines is to outline the general analytical framework the ACCC will apply when assessing whether a proposed merger is likely to substantially lessen competition and therefore be prohibited under s 50 of the Trade Practices Act 1974. The 2008 Guidelines replace the previous Merger Guidelines, originally published in 1999 (1999 Guidelines).
28th October 2008
The Federal Government today released proposed legislation providing criminal sanctions for serious cartel conduct, after extensive consultation on an earlier exposure draft bill. The final bill includes maximum 10 year jail terms for individuals involved in cartel conduct, up from the initial proposal of 5 years.
1st October 2008
By Catherine Dermody, Genevieve Rahman, Luke Woodward
Gilbert + Tobin has achieved a successful outcome for its client ElectraNet with the Australian Competition Tribunal (Tribunal) yesterday handing down its decision in the first merits review conducted under new provisions in the National Electricity Law.
11th September 2008
By Gina Cass-Gottlieb, Simon Snow, Luke Woodward
Commonwealth Government releases discussion paper proposing amendments to the Trade Practices Act to prevent `Creeping Acquisitions`
21st August 2008
By Sarah Alderson, Moya Dodd, Peter Leonard, Peter Waters
The report recently released by the Australian Law Reform Commission (ALRC) – For Your Information: Australian Privacy Laws and Practice (Report) dedicated considerable attention to the interaction between the existing privacy and telecommunications regimes.
11th August 2008
By Sarah Alderson, Dianne Banks, Peter Leonard
This morning (11 August 2008) the Federal Government publicly released the report of the review of the Australian Law Reform Commission (ALRC) of Australia`s privacy laws.
7th August 2008
By Sarah Alderson, Dianne Banks, Peter Leonard
On Monday 11 August 2008, the Federal Government is expected to make public the report of the Australian Law Reform Commission (ALRC) into reform of Australia`s privacy laws.
