In the media
Legislation introduced to end excessive card
surcharging
The Turnbull Government today introduced tough new laws in the
Parliament to deliver on our commitment to protect consumers
through banning excessive card surcharging. The Competition and
Consumer Amendment (Payment Surcharges) Bill 2015
will ban excessive payment surcharges and is an important step in
implementing the Government's response to the Financial System
Inquiry.
More...
Macquarie Bank under fire after 'get rich quick'
pitch
Macquarie Bank is under fire for engaging self-proclaimed
"Dream Maker" Peter Spann to sell complex financial
products to unsophisticated investors, some of whom were left
thousands of dollars in debt (03 December 2015).
More...
Compensation process for Macquarie Bank clients who lost
life savings a 'catch-22': critics
Macquarie Bank compensates just 6 per cent of clients after
reviewing those caught up in its financial planning scandal —
a process critics are labelling "farcical" and a
"catch-22". Lawyers said large numbers of unsophisticated
investors were placed in completely inappropriate investments by
Macquarie (23 November 2015).
More...
ACCC authorises system to facilitate credit
reporting
The ACCC has granted authorisation for five years to the Australian
Retail Credit Association Ltd (ARCA) in relation to principles for
exchanging comprehensive consumer credit data between signatory
credit reporting bodies and lenders. The ACCC states this will lead
to increased competition between credit reporting bodies and
between lenders (03 December 2015).
More...
ACCC questions former Meriton staff over TripAdvisor
rorting claims
Australia's largest apartment developer is under scrutiny from
ACCC investigators over allegations staff are manipulating its
TripAdvisor rankings. In a statement the ACCC said the manipulation
of review results and the offering of incentives in exchange for
reviews could amount to "misleading or deceptive conduct"
and attract penalties of up to $1.1 million (02 December 2015).
More...
ACCC concerned over Trans-Pacific Partnership IP
provisions
The Australian Competition and Consumer Commission (ACCC) has
called for a "comprehensive and robust" analysis of
intellectual property provisions in the Trans-Pacific Partnership
before Australia enacts the trade agreement (30 December 2015).
More...
Federal court finds Yazaki corporation engaged in
collusive conduct
The Federal Court has found that Yazaki Corporation engaged in
collusive conduct with its competitor when supplying wire harnesses
to Toyota in Australia. The conduct took place in 2003 and 2008 and
breached the exclusionary conduct provisions of the CCA and the
Competition Code of Victoria (26 November 2015).
More...
Industry fund CEO details 'shameful'
conduct
Some of Australia's major financial institutions have fallen
well short of acceptable behaviour in a fashion similar to
Volkswagen, according to AustralianSuper chief executive (25
November 2015).
More...
ASIC updates guidance for fee and cost disclosure
requirements for superannuation and managed investment
products
ASIC Commissioner Greg Tanzer said accurate and consistent fees and
costs disclosure is extremely important for consumers when making
decisions about their superannuation and managed investments. The
work ASIC has completed in this area will help improve the quality
of disclosure to consumers (24 November 2015).
More...
ACCC launches proceedings against second private
training college
The consumer watchdog targets a second private training college,
alleging it signed up vulnerable people — some with
intellectual disabilities — and citing problems with the
Government's VET FEE-HELP system (24 November 2015).
More...
In practice and courts, published reports
ACCC TPP submission to the Productivity Commission's
IP inquiry
The ACCC expresses concern (amongst other things) that 'the
agreement appears to impose IP restrictions beyond existing
international treaties, and this may tilt the balance in favour of
IP rights holders to the detriment of competition and consumers. It
reiterates its previously expressed view that 'certain
IP-related activities under section 51(3)' should be repealed
(02 December 2015). More...
Cases
Australian Competition and Consumer Commission v
Yazaki Corporation (No 2) [2015] FCA 1304
COMPETITION – allegation of contraventions of the
Competition and Consumer Act 2010 (Cth) and the
Competition Code of Victoria – where the first respondent was
incorporated in Japan – where the second respondent was
incorporated in Australia – where the second respondent was
the wholly owned subsidiary of the first respondent – whether
the first respondent was carrying on business in Australia –
whether the first respondent was otherwise connected with the
jurisdiction of Victoria – whether there was a market in
Australia for the goods supplied by the respondents – whether
the real place of competitive activity was in Australia or Japan
– Competition and Consumer Act 2010 (Cth),
Competition Code of Victoria ss 4E, 5. COMPETITION –
allegation of an overarching cartel agreement between the first
respondent and another corporation in Japan – allegation that
the first respondent and the other corporation entered into two
separate agreements in relation to the supply of goods –
whether the overarching cartel agreement and two agreements
contained exclusionary provisions – whether the overarching
cartel agreement and two agreements contained provisions
controlling price – whether the first respondent gave effect
to the overarching cartel agreement by making the two agreements
– whether the first respondent gave effect to the two
agreements by discussing, agreeing and submitting prices –
whether the first respondent gave effect to the two agreements by
directing the second respondent to submit the agreed prices in
Australia – whether the submission of prices by the second
respondent was an act of giving effect by the first respondent
– where the first respondent admitted discussing, agreeing
and submitting prices – whether the second respondent's
continued supply of goods was an act of continuing to give effect
by the first respondent – whether the first respondent
continued to give effect to the two agreements by not disclosing
the existence of the agreements and not competing – whether
acts of omission can give effect to an agreement –
Competition and Consumer Act 2010 (Cth), Competition
Code of Victoria ss 4D, 44ZZRK, 45(2), 45A. COMPETITION
– allegation that the second respondent and another
corporation in Australia entered an agreement in relation to the
supply of goods – whether the agreement contained
exclusionary provisions – whether the agreement contained
provisions controlling price – whether the second respondent
gave effect to the agreement by discussing and agreeing prices
– whether the second respondent gave effect to the two
agreements made by the first respondent by submitting prices
– whether the second respondent continued to give effect to
the two agreements by not disclosing the existence of the
agreements and not competing – whether a third party can give
effect to a prohibited agreement – whether the third party is
required to have knowledge of the agreement – Competition
and Consumer Act 2010 (Cth), Competition Code of
Victoria ss 4D, 44ZZRK, 45(2), 45A. PRACTICE AND PROCEDURE
– objections to evidence – whether evidence should be
excluded under the general discretion to exclude evidence –
whether evidence was admissible as an opinion of conduct and
discussions observed by the witness – Evidence Act
1995 (Cth) ss 78, 135. Held: First respondent contravened the
Competition and Consumer Act 2010 (Cth) and the
Competition Code of Victoria by giving effect to the
overarching cartel agreement, and making, and giving effect to, the
two separate agreements. Second respondent contravened the
Competition and Consumer Act 2010 (Cth) and the
Competition Code of Victoria by making and giving effect to the
agreement in Australia. More...
Nyoni v Shire of Kellerberrin (No 6) [2015] FCA
1294
CONSUMER LAW – the Shire published minutes of a Council
meeting on its website which referred to shortcomings in the
provision of services by the local pharmacy – whether the
conduct of the Shire is conduct "in trade or commerce"
– whether the minutes made the representations about the
shortcomings of the pharmacy alleged by the applicant. TORTS
– misfeasance in public office – where a Shire officer
passes on misleading information to regulatory authorities –
whether in passing on information the Shire officer was exercising
a power or authority such as to attract potential liability for the
tort. Trade Practices Act 1975 (Cth) ss 6(3), 52. More...
Australian Competition and Consumer Commission v
Davies (No 2) [2015] FCA 1290
CRIMINAL LAW – sentencing – breach of s 155 of the
Trade Practices Act 1974 (Cth) – refusing or failing
to comply with a notice – aiding, abetting, counselling or
procuring the commission of an offence – plea of not guilty
– considerations relevant to penalty. Crimes Act
1914 (Cth); Criminal Code Act 1995 (Cth);
Penalties and Sentences Act 1992 (Qld); Trade
Practices Act 1974 (Cth). More...
Winnebago Industries Inc v Knott Investments Pty Ltd
(No 4) [2015] FCA 1327
TRADE MARKS – passing off – inquiry into damages
– discussion of the 'user principle' in assessing
damages for tortious interference with property – application
of the user principle to damages for passing off – assessment
of damages by reference to a reasonable royalty or licence fee v-
Competition and Consumer Act 2010 (Cth) Sch 2. At
an earlier hearing: Foster J found (at [92]-[93]):Bruce
Binns's earnest denials to the effect that he was not
endeavouring to trade off the goodwill and reputation of Winnebago
credible. His decision was motivated by a keen appreciation that he
and his associates would gain financial benefit from using the
Winnebago marks in Australia. More...
IDP Education Ltd v Lejburg Pty Ltd [2015] VSC
650
CONSUMER LAW – Misleading or deceptive conduct – False
or misleading representations – Advertisement and promotional
material on website – Whether representations made –
Whether representations likely to mislead or deceive –
Competition and Consumer Act 2010 (Cth), Sch 2, Australian
Consumer Law, ss 18, 29(1) – Australian Consumer Law and
Fair Trading Act 2012 (Vic) s 12. More...
Legislation
Commonwealth
Competition and Consumer Amendment (Payment Surcharges)
Bill 2015
A Bill for an Act to amend the Competition and Consumer Act
2010.The objects of this Bill are to ensure that payment
surcharges are not excessive; and reflect the cost of using the
payment methods for which they are charged (03 December 2015). More...
Therapeutic Goods Information (Outcomes of Advertising
Complaints Investigations) Specification 2015
This Specification commences on the 27 December 2015. Defines the
advertiser, in relation to an advertisement, has the same meaning
as "person apparently responsible" as in regulation
42ZCAA of the Regulations; and in relation to the information
included on the complaint register in an advertisement that is the
subject of the complaint and the recommendation to the Secretary
(the advertisement). More...
Interactive Gambling Amendment (Sports Betting Reform)
Bill 2015
The purpose of this Bill is to amend the Interactive Gambling
Act 2001 ('the Act') in relation to online sports
betting. This Bill implements harm minimisation measures to help
individuals who are engaged in online sports betting better control
their gambling. The Bill also establishes an Interactive Gambling
Regulator who will monitor and enforce restricted wagering
services' compliance with the Act. (Introduced Senate 25
November 2015).
More...
ASIC Corporations (Real Estate Companies) Instrument
2015/1049
This instrument remakes and consolidates Class Orders which are
sunsetting. It provides relief from the licensing requirements of
the Corporations Act 2001 for real estate agents who offer
for sale shares in real estate companies and valuers who value
shares in real estate companies. It also provides conditional
relief for vendors and real estate agents offering for sale shares
in a real estate company from the fundraising disclosure
obligations of the Corporations Act 2001 (23 November
2015). More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
