In the media
ACCC investigates claims Woolworths, Aldi 'off to a
bad start' under supermarket code of conduct
The competition
watchdog is investigating concerns that Woolworths and Aldi
"have not got off to a good start" under the new Grocery
Code of Conduct. The Code was set up to ensure retailers deal with
their suppliers 'in good faith', after years of complaints
from farmers and food manufacturers about unfair treatment (24
September 2015).
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Stockbroker DJ Carmichael fined $300,000
Western Australian stockbroking firm DJ Carmichael has
paid a $300,000 infringement notice penalty for "creating a
false or misleading appearance with respect to price" of a
listed investment company (23 September 2015).
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ACCC to investigate banks for shutting down Bitcoin
accounts
Australia's competition watchdog is set to
investigate the country's biggest banks for shutting down the
accounts of Bitcoin traders, accused of denying services to
fledgling Bitcoin and digital currency operators (anti-competitive
purpose) (23 September 2015).
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Rod Sims emphasises importance of effective
competition
ACCC Chairman, Rod Sims, has spoken to the 'Australian Competition Policy Summit on the
importance of competition and the Harper Review', mentioning
changes aimed at improving our price signalling, merger and misuse
of market power laws and, importantly, bringing them into line with
overseas practice are to be welcomed (21 September 2015).
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Billson rejects anti-effects test lobby claims
The Small Business Minister, Bruce Billson, has again
rejected claims by the BCA that the proposed s 46 effects test
would threaten competition. The Business Council of Australia
(BCA), has linked the inclusion of an effects test with higher
prices and consumer malcontent (17 September 2015).
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ACCC will not oppose Macquarie's bid for
Esanda
The ACCC has announced it will not oppose Macquarie's
bid for the Esanda Dealer finance business from the ANZ, concluding
that 'the possible acquisition was not likely to substantially
lessen competition in the market for the supply of bailment finance
and point-of-sale (POS) finance facilities to motor vehicle
dealerships (17 September 2015). More...
ACCC releases Statement of Issues on proposed
acquisition of BG by Shell
The ACCC has released a Statement of Issues on the
proposed acquisition by Royal Dutch Shell (Shell) of BG Group (BG).
The Statement of Issues seeks industry views and more information
on the competition issues that have arisen in the ACCC's review
to date (17 September 2015).
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Cabinet to consider 'effects test'
The Nationals have won a significant concession from the
government, which will take a hard look at beefing up competition
law. As it stands, competition law bars big firms from taking
advantage of their market power. Under the effects test, the
regulator would consider the actual effect on the market, a lower
threshold (15 September 2015).
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National senators cross floor on effects test
The National Party unanimously passed a motion at its
National Conference calling for the introduction of an effects
test' and called on the Government to bring forward legislation
to amend section 46. Statements were then made by Senator
Whish-Wilson, Senator Fifield and Senator Canavan. The question was
negatives by a vote of 33-17 (15 September 2015). More... More...
ACCC releases Statement of Issues in relation to
Foxtel/Ten deal
The ACCC has released a Statement of Issues in relation to
Foxtel's proposed acquisition arrangements with the Ten
Network. The ACCC indicated it is concerned that the 'proposed
acquisitions have the potential to substantially lessen competition
for the supply of free-to-air television services in Australia,
particularly in the broadcasting of sports content' and
'may increase the likelihood of Ten and Foxtel entering into
joint bids (14 September 2015).
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In practice and courts, published reports
Harris on competition reform: speech
Productivity Commission chairman, Peter Harris, speaks at
the Australian Competition Policy Summit, calling
for action on the Harper competition policy reforms and the
disproportionate focus on s 46 'as a totem for competition
policy reform' is 'absurd', noting the significant
scope for gains amongst the other proposed reforms (22 September
2015). More...
The importance of adequate competition for the east
coast gas market: speech
ACCC Chairman, Rod Sims, at the Eastern Australia's
Energy Markets Outlook conference in Sydney, states many aspects of
the east coast gas market are opaque and complicated (market is
dominated by confidential, bi-lateral contractual arrangements
which make price discovery almost impossible; the market is
dominated by large players in the value chain) (17 September
2015). More...
ACCC draft final access determination for transmission
services
The ACCC has issued adraft final access determination for the
declared domestic transmission capacity service. Submissions are
invited until 2 October 2015. More... More...
The State of Competition, Issue 23, 11 September
2015
The latest Issue 23 of The State of Competition covers
'competition policy for the oligopoly economy', focussing
on the research conducted by Michal Gal on competition policy for
small business.
Cases
Australian Competition and Consumer Commission v
Hillside (Australia New Media) Pty Ltd trading as
Bet365 [2015] FCA 1007
CONSUMER LAW – internet sports betting –
promotional headline offers of free bets and deposit bonuses for
new customers – offers subject to terms and conditions
– alleged contraventions of Australian Consumer
Law – alleged misleading or deceptive conduct and false
representations – dominant message conveyed –
enticement into marketing web – whether adequate disclosure
of terms and conditions – liability as principal contravener
– whether conduct of subsidiaries attributable to group
holding company – contraventions established in part.
Authorised Betting Operations Act 2000 (SA) ss 6A(1)(b),
62C. Competition and Consumer Act 2010 (Cth) s
84(2), Sch 2, ss 18, 29, 224(1), 232(1). More...
Australian Competition and Consumer Commission v RL
Adams Pty Ltd [2015] FCA 1016
TRADE PRACTICES – where company failed to comply
with a notice issued under s 155(1) of the Trade Practices Act
1974 (Cth) in contravention of s 155(5) of that Act.
CONSUMER LAW – contraventions of Australian Consumer Law
admitted – admitted facts concerning "free range"
representations – need for general deterrence –
appropriateness of submissions concerning the pattern of existing
and pending cases and matters relating to general deterrence
– totality principle – impermissible submissions
concerning quantum of penalty – whether injunction should be
ordered. Australian Consumer Law (Schedule 2 to the
Competition and Consumer Act 2010 (Cth)) ss 6A, 18,
29(1)(a), 33, 224, 224(2), 224(3), 232(4), 246. More...
Ashwell v Commissioner for Consumer
Protection [2015] WASC 337
Criminal law - Appeal - Convictions against company and
individual for breaching the prescribed requirement for a warranty
against defects and making a false or misleading representation
concerning the existence of a right or remedy - Appeal against
convictions - Whether magistrate erred in allowing prosecution to
rely upon a document disclosed shortly before hearing - Whether
magistrate erred in refusing to allow appellants to tender an
affidavit - Whether prosecution failed to prove that the
incorporated accused was connected with the alleged offence -
Whether prosecution discriminated against the appellants by
prosecuting them and not other for similar offences. Criminal
law - Appeal - Convictions against company and individual for
breaching the prescribed requirements for a warranty against
defects and making a false or misleading representation concerning
the existence of a right or remedy - Appeal against sentences -
Whether the sentences imposed were manifestly
excessive. Competition and Consumer Regulations 2010
(Cth), r 90. More...
Capogreco v Rogerson [2015]
NSWSC 1371
MISLEADING OR DECEPTIVE CONDUCT – where plaintiffs
purchased shares in racehorse – whether defendant made
representations that the investment was safe and that it did not
matter if the horse won a race or not because the bloodlines made
it a valuable stud prospect. CONTRACT – where
owners authorised the defendant to enter the horse in the Magic
Millions auction – whether the defendant was authorised to
sell the plaintiffs shares at a private sale without notice to the
plaintiffs.
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Legislation
Commonwealth
Australian Small Business and Family Enterprise
Ombudsman Act No 123 of 2015
An Act to establish the Australian Small Business and
Family Enterprise Ombudsman, and for related purposes.
Registered 15 September 2015. Date of Assent 10 September
2015. More...
Australian Small Business and Family Enterprise
Ombudsman (Consequential and Transitional Provisions) Act
2015
An Act to amend laws, and deal with transitional matters,
in connection with the Australian Small Business and Family
Enterprise Ombudsman Act 2015, and for related purposes.
Registered 15 September 2015. Date of Assent 10 September
2015. More...
Treasury Legislation Amendment (Small Business and
Unfair Contract Terms) Bill 2015
Senate Standing Committees on Economics report on Treasury
Legislation Amendment (Small Business and Unfair Contract Terms)
Bill 2015 [Provisions], tabled 14 September 2015. Senate -
Bill passed with amendments, 14 September 2015. Transcript of
Senate Economics Legislation Committee, Thursday 3 September, 2015,
Melbourne.
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