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16th December 2014

Infrastructure regulation review: 2014 A year that looks ahead

16th December 2014

By Simon Muys, Geoff Petersen

Our G+T regulated infrastructure team has published its annual review for 2014.

12th December 2014

Financial System Inquiry: Final report released

12th December 2014

By Paula Gilardoni, Emma Ringland, Christoph van Opstal, Paul Wright, Cherrie Fung

The Financial System Inquiry led by David Murray (Murray Inquiry) released its final report on 7 December 2014 (Final Report) with the aim of outlining a blueprint for the Australian financial system over the next decade.

9th December 2014

ACCC final determination authorising Tooltechnic Resale Price Maintenance

9th December 2014

By Elizabeth Avery, Luke Woodward, Matt Rubinstein, Morelle Bull

The ACCC has granted its first authorisation for resale price maintenance – to power-tool importer and distributor Tooltechnic Systems.

6th November 2014

Your guide to the ACL Consumer Guarantees

6th November 2014

By Simon Snow, Kirish Kularajah

With the ACL Consumer Guarantees continuing to rank highly on the ACCC’s enforcement priorities, now is an appropriate time for businesses to review their practices and policies with regard to the Australian Consumer Law and in particular the consumer guarantees.

3rd November 2014

ACCC unsuccessful in air cargo proceedings against Air New Zealand and Garuda

3rd November 2014

By Simon Snow, Andrew Floro, Lydia Adkins, Angela Ha

In a judgment handed down today in the Federal Court, Perram J dismissed allegations brought by the ACCC that Air New Zealand and Garuda had colluded between 2001 and 2006 with other airlines to fix surcharges and fees for air cargo services in contravention of the Trade Practices Act 1974 (TPA) (now the Competition and Consumer Act 2010).

31st October 2014

ACCC takes on US based gaming giant Valve Corporation for alleged consumer guarantees breaches

31st October 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses a case where the ACCC commenced proceedings against Valve Corporation alleging false or misleading representation regarding consumer guarantees under the Australian Consumer Law.

10th October 2014

Competition Policy Review – Replacing the Price Signalling Laws with Concerted Practices – fit for purpose or a foreign concept?

10th October 2014

By Elizabeth Avery, Matt Rubinstein, Nicole Lojszczyk

The Harper Review’s draft report (Draft Report) considers that the price signalling provisions set out in Division 1A of the Competition and Consumer Act 2010 (CCA), which currently apply only to the banking sector are not “fit for purpose” and should be repealed. In their place, the Draft Report recommends that the general prohibition on anticompetitive agreements in section 45 of the CCA should be extended to cover “concerted practices” which have the purpose, or have or would be likely to have the effect, of substantially lessening competition.

3rd October 2014

Final Vertigan report released

3rd October 2014

By Peter Waters, Simon Muys, Nicole Lojszczyk

On 2 October 2014, the Vertigan Panel (Panel) released the final document in its suite of reports concerning the National Broadband Network (NBN). This final report, entitled “Market and Regulatory Report” (Report), considers the most appropriate overall structure and regulatory framework for Australia’s future including the role of infrastructure based competition and NBN Co’s role in that market.

3rd October 2014

Cutting through the “Harper Review” draft report – what does it mean for you?

3rd October 2014

By Simon Muys, Morelle Bull, Matt Rubinstein

On 22 September 2014, the Competition Policy Review Panel chaired by Professor Ian Harper (the ‘Harper Review’) released its much anticipated Draft Report. In this update, we have tried to cut through the 300-page Draft Report and the Panel’s 52 recommendations, to identify those key proposals that, if accepted, are most likely to impact you and your business or industry.

30th September 2014

Harper Review recommends defence to misuse of market power

30th September 2014

By Paula Gilardoni

Gilbert + Tobin Partner, Paula Gilardoni comments on the Harper Review’s draft report which has recommended an entirely new section 46 of the Competition and Consumer Act.

24th September 2014

Competition Policy Review – big business, small business and market power

24th September 2014

By Gina Cass-Gottlieb, Paula Gilardoni, Matt Rubinstein

Following intense debate on Australia’s existing law on misuse of market power, the Harper Review’s draft report has recommended an entirely new section 46 of the Competition and Consumer Act.

19th September 2014

Thinking of launching a mobile wallet in Australia?

19th September 2014

By Paula Gilardoni, Emma Ringland

We think the tipping point for contactless payments will be consumers using smartphones to make contactless payments via mobile wallets. To learn more about how the Australian regulatory / legal landscape could affect the roll out of your mobile wallet download the “G+T Insights” App from Google Play or the AppStore .

9th September 2014

iPhone 6 could revolutionise digital wallets

9th September 2014

By Emma Ringland

Gilbert + Tobin lawyer Emma Ringland discusses how the iPhone 6, if released with NFC functionality, could revolutionise the uptake of digital wallets.

1st September 2014

The International Investigations Review – Australian Chapter

1st September 2014

By Rani John, Elizabeth Avery, Peter Feros

Rani John, Elizabeth Avery and Peter Feros have contributed the Australian chapter of the fourth edition of The International Investigations Review. The chapter gives an overview of the investigatory powers of the ACCC, ASIC and the ATO and outlines significant developments in enforcement matters in Australia. To download an eBook or PDF version of the entire fourth edition of The International Investigations Review, please visit: http://thelawreviews.co.uk/download/edition/1034/the-international-investigations-review/

28th August 2014

Independent cost-benefit analysis of broadband and review of regulation

28th August 2014

By Peter Waters, Simon Muys, Nicole Lojszczyk

On 26 August 2014, the Vertigan panel released its second report on the Independent Costs Benefit Analysis of Broadband and Related Regulation which sets out the costs benefits analysis of alternative options for delivering higher broadband speeds to Australian households and businesses.

19th August 2014

ACCC targets consumer guarantee compliance

19th August 2014

By Kirish Kularajah

Gilbert + Tobin lawyer Kirish Kularajah discusses consumer guarantees and business obligations.

19th August 2014

In-game currencies: in the line of fire?

19th August 2014

By Paula Gilardoni, Emma Ringland, Angela Ha

There has been a stratospheric rise in online and app-based social gaming due to the ubiquity of internet and smartphone use. As these games grow in popularity, consumers of all ages are increasingly willing to exchange “real” money for virtual currency within the game environment. This raises regulatory issues relevant to consumer protection, gambling, anti-money laundering and banking and financial services.

18th July 2014

Taking stock: The Financial System Inquiry’s Interim Report

18th July 2014

By Paula Gilardoni, Jennifer Barron, Christoph van Opstal, Emma Ringland

The Murray Inquiry’s Interim Report, released on 15 July 2014, is a comprehensive overview of the key themes emerging from the 280 first round submissions from March 2014.

30th May 2014

Analyst briefings – ASIC’s latest enforcement focus

30th May 2014

By Rani John

For the past year the Australian Securities and Investments Commission (ASIC) has been monitoring how companies disclose information to market analysts. The corporate, markets and financial services regulator has foreshadowed legal action against companies and market analysts it identifies as having breached market trading rules. In this broadcast, regulatory enforcement specialist Rani John examines ASIC’s recent report about practices in analyst briefings, risks that companies and advisers should be aware of, particular practices that ASIC is critical of and expected further activity from ASIC in this area.

23rd May 2014

Initial reflections on the Financial System Inquiry

23rd May 2014

By Christoph van Opstal, Emma Ringland

Gilbert + Tobin lawyers, Christoph van Opstal and Emma Ringland, discuss the Financial Systems Inquiry.

20th May 2014

A first look at the Financial System Inquiry

20th May 2014

By Paula Gilardoni, Jennifer Barron, Christoph van Opstal, Emma Ringland

This report provides a first look at the initial key submissions to the Financial System Inquiry (Murray Inquiry) focussing on competition and payment systems.

16th April 2014

Let the chips fly! Competition Policy Review releases its Issues Paper and Review timetable

16th April 2014

By Luke Woodward, Gina Cass-Gottlieb, Morelle Bull, Matt Rubinstein

The Competition Policy Review Panel led by Professor Stephen Harper has now released its Issues Paper and is calling for submissions by 10 June 2014.

15th April 2014

ACCC seeks comments on revised Immunity Policy for Cartel Conduct

15th April 2014

By Simon Snow, Genevieve Rahman

On 9 April 2014 the Australian Competition and Consumer Commission released a draft version of the immunity and co-operation policy for cartel conduct and Frequently Asked Questions regarding the Policy for public comment. Comments are due by 7 May 2014 to immunityreview@accc.gov.au.

14th April 2014

Internal investigations and legal professional privilege – don’t get caught in the grey zone

14th April 2014

By Rani John, Angela Ha

By their very nature, reports of internal investigations can contain material which may be extremely damaging in any subsequent litigation. Recent decisions in the US and the UK provide a timely reminder that legal professional privilege only attaches to communications when strict criteria are met, and that reports of internal investigations will often fail the test unless careful precautions have been taken. Click here for more on those cases, and some tips to maximise the ability to claim privilege in this context.

8th April 2014

Flight Centre fined $11 million for cartel attempts

8th April 2014

By Simon Snow

Simon Snow discusses the $11 million penalty for attempted price fixing and the implications for business.

1st April 2014

Court imposes $11 million penalty on Flight Centre for attempted price-fixing

1st April 2014

By Simon Snow, Andrew Low

On 28 March 2014, Justice Logan of the Federal Court of Australia ordered Flight Centre to pay a total of $11 million (in civil penalties) for attempted price fixing in ACCC v Flight Centre Limited (No 3) [2014] FCA 292.

31st March 2014

Harper Review 2014 – Appointment of Review Panel and Final Terms of Reference

31st March 2014

By Gina Cass-Gottlieb, Luke Woodward, Matt Rubinstein

On 27 March 2014 the Minister for Small Business, Bruce Billson MP, announced the appointment of the Review Panel that will oversee what had been referred to as the ‘root and branch’ competition review, but will be known to history as the Harper Review.

24th March 2014

Enforcement of Foreign Bribery Laws in Australia

24th March 2014

By Rani John, Genevieve Rahman

Regulatory enforcement specialists Rani John and Genevieve Rahman examine how the Proceeds of Crime Act 2002 can magnify the risks connected with foreign bribery, and the implications for individuals and corporations. Click here to access the white paper and video cast.

19th March 2014

Pushing boundaries – anticompetitive conduct relating to the expiry of patents and the use of loyalty discounts

19th March 2014

By Simon Snow, John Lee, Charles Coorey, Lydia Adkins

In February 2014, the ACCC brought Federal Court proceedings against Pfizer Australia for alleged misuse of market power and exclusive dealing in relation to its previously patent protected cholesterol lowering drug, “atorvastatin” (both its originator brand “Lipitor” and its generic atorvastatin product). Lipitor was for some years Australia’s highest selling prescription medicine under the Pharmaceutical Benefits Scheme.

6th March 2014

ACCC releases its priorities for 2014

6th March 2014

By Jennifer Barron

Jennifer Barron, Special Counsel, discusses the ACCC’s 2014 priorities.

24th February 2014

Pfizer charged with anti-competitive conduct

24th February 2014

By Simon Snow

Simon Snow, Partner, discusses the anti-competitive conduct charges against Pfizer by the ACCC.

18th February 2014

Commonwealth Government’s Root and Branch Review of Competition Law and Policy

18th February 2014

By Luke Woodward

Professor Fred Hilmer AO, President and Vice-Chancellor of the University of New South Wales and formerly head of the 1992–1993 Independent Committee of Inquiry into a National Competition Policy for Australia, recently presented to Gilbert + Tobin’s clients and the Business Council of Australia’s members at a Competition Policy Forum on the Commonwealth Government’s Root and Branch Review.

13th February 2014

Our Expert Insights video interviews and inaugural Competition Review

13th February 2014

By Luke Woodward

Our Competition Review comprises a written publication, a short video introduction presented by Gilbert + Tobin Lawyers Morelle Bull and Charles Coorey and video interviews which we conducted with experts in the Australian Competition and Regulatory Law field.

20th December 2013

Dual distribution models at a crossroad: where do the ANZ and Flight Centre cases leave us?

20th December 2013

By Luke Woodward, Elizabeth Avery, Simon Snow, Charles Coorey, Genevieve Rahman

We discuss the recent decisions of the Federal Court in ACCC v Australian and New Zealand Banking Group Limited and ACCC v Flight Centre Limited.

13th December 2013

From the vulgarian to the astute: does it matter?

13th December 2013

By Rani John

We discuss the High Court’s majority decision in ACCC v TPG and how it provides important guidance on the question of how the knowledge imputed to the reasonable consumer impacts the assessment of whether advertising is misleading or deceptive.

13th December 2013

NBN Strategic Review: No Easy Way Out

13th December 2013

By Peter Waters

This is a summary of the Strategic Review provided to Minister Turnbull by NBN Co, with the assistance of Deloitte, Boston Consulting and KordaMentha.

6th December 2013

Federal Court finds Flight Centre attempted to induce various airlines to enter into price fixing arrangements

6th December 2013

By Simon Snow, Andrew Low

On Friday 6 December, the Federal Court of Australia published its reasons in ACCC v Flight Centre Limited (No 2) [2013] FCA 1313, finding that Flight Centre attempted, on six occasions, to induce three airlines (being Singapore Airlines, Emirates and Malaysia Airlines) to make collusive arrangements with it in relation to Flight Centre’s retail or distribution margin for air fares for international air travel in the period August 2005 to March 2009. The Court found that these collusive arrangements would have (if entered into) lessened competition in the market for the retail sale or distribution of airline tickets.

25th November 2013

Court of Criminal Appeal quashes conviction for insider trading

25th November 2013

By Rani John, Genevieve Rahman

On 20 November 2013, the NSW Court of Criminal Appeal published its reasons for its decision on 17 July 2013 to quash Stuart Fysh’s convictions for insider trading, relating to the purchase of shares in Queensland Gas Company. We discuss the Court of Criminal Appeal’s decision.

7th November 2013

Recovering mistakenly produced privileged documents: the High Court’s decision in Expense Reduction Analysts Group v Armstrong Strategic Management

7th November 2013

By Rani John, Alistair Schaefer

With the size and complexity of commercial litigation on the rise, and a corresponding increase in the size and complexity of discovery, it is an unfortunate reality that mistakes can sometimes occur during the discovery process.

22nd October 2013

G+T Competition Law Reporter – August/September 2013

22nd October 2013

This Reporter provides an overview of key developments in the competition, consumer and regulation sector, including recent ACCC merger reviews, competition and consumer law enforcement and various ACCC authorisations and investigations. In particular, this edition highlights recently completed merger reviews conducted by the ACCC, the ACCC’s recent cartel immunity policy review, the ACCC’s updated merger review process guidelines and international competition news.

10th October 2013

ACCC releases discussion paper seeking submissions in cartel immunity policy review

10th October 2013

By Elizabeth Avery, Gina Cass-Gottlieb, Moya Dodd, Paula Gilardoni, Rani John, Simon Snow, Peter Waters, Luke Woodward, Jennifer Barron

The ACCC has recently released a discussion paper seeking input on issues arising in its review of the ACCC Immunity Policy for Cartel Conduct. We discuss the changes.

4th October 2013

Informal merger review process guidelines recently released by the ACCC

4th October 2013

By Simon Snow

Simon Snow discusses the informal merger review process guidelines recently released by the ACCC.

30th September 2013

ACCC releases final informal merger review process guidelines

30th September 2013

By Simon Snow, Emma Ringland

On Friday the ACCC published its finalised Informal Merger Review Process Guidelines (Process Guidelines). The Process Guidelines were informed by a consultation process conducted by the ACCC following the release of the draft Updated Merger Review Process Guidelines in June this year. We discuss the changes.

19th September 2013

Benchmarks and index-based price setting mechanisms: where to now?

19th September 2013

By Paula Gilardoni, Emma Ringland

The European Commission’s Proposed Regulation follows the announcement of a number of investigations that are currently being conducted by regulators in relation to index-based prices setting mechanisms which, in turn, followed regulators’ investigations into the manipulation of the LIBOR.

11th September 2013

Anti-bribery regulatory activity on the rise

11th September 2013

By Rani John

Gilbert + Tobin partner Rani John, discusses anti-bribery regulation and the increased regulatory activity in this area and its impact on Australian companies, both from Australian and foreign agencies.

11th September 2013

Federal Court hands down judgment in landmark Cement Australia competition case

11th September 2013

By Luke Woodward, Colleen Platford, Genevieve Rahman, Airlie Goodman

Yesterday, 10 September 2013, the Federal Court handed down judgment in Australian Competition and Consumer Commission v Cement Australia Pty Ltd & Ors [ 2013 ] (the proceedings) making interim declarations that the defendants, including Cement Australia Pty Ltd, had not engaged in contraventions of section 46 of the Trade Practices Act 1974 (Cth) (the Act) (now known as the Competition and Consumer Act 2010 (Cth)).

13th August 2013

Antitrust spotlight continues on private equity firm bidding practices

13th August 2013

By Elizabeth Avery, Luke Woodward, Genevieve Rahman

Following the recent case in Australia (Norcast S.ar v Bradken Limited (No 2) [ 2013 ] FCA 235 (appeal pending to be heard over four days from 4 November 2013) alleging anti-competitive bid arrangements between private equity firms, similar issues continue to rise to prominence under US antitrust laws as well.

29th July 2013

Timely review of National Access Regime

29th July 2013

By Simon Muys

Simon Muys, Partner, discusses the review of the National Access Regime.

2nd July 2013

ACCC releases draft Merger Process Guidelines

2nd July 2013

By Simon Snow, Charles Coorey, Emma Ringland

The ACCC has released draft updated Merger Review Process Guidelines (Draft Guidelines). The ACCC is in the process of seeking views on the Draft Guidelines, and submissions are due on Friday 19 July 2013. We discuss the key proposed changes.

28th June 2013

What is an “artificial price”? The High Court rules on market manipulation

28th June 2013

By Rani John, David Clee

On 27 June 2013 the High Court handed down its unanimous decision in Director of Public Prosecutions (Cth) v JM [2013] HCA 30, regarding the meaning of the phrase “artificial price” in s 1041A of the Corporations Act 2001.

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