In the media
Rod Sims criticises Coles boss on effects test
claims
Australian Competition and Consumer Commission chairman
Rod Sims has taken Coles managing director John Durkan to task over
his criticism of the government's tough misuse of market power
laws (28 March 2016).
More...
ACCC wins appeal in air cargo case
The Full Court found that price fixing conduct engaged in
by PT Garuda Indonesia Ltd (Garuda) and Air New Zealand Ltd (Air
NZ) relating to the imposition of agreed surcharges on the carriage
of air cargo from ports outside Australia to destinations within
Australia took place in a "market in Australia", and
consequently breached Australia's price fixing laws (23 March
2016).
More...
Lack of competitive pressure facilitates high profit
margins at airports
The ACCC released annual Airport Monitoring Report for
2014-15, finds the monitored airports at Brisbane, Melbourne,
Perth, and Sydney continue to enjoy high profit margins in both
aeronautical and car parking activities. The ACCC Chairman said
savvy motorists are increasingly taking advantage of the discount
rates available by booking car parking online. The discounts
available may be a form of price discrimination as price conscious
consumers will book ahead to receive discounts online (23 March
2016).
More...
See the annual Airport Monitoring Report
PC releases Efficiency and Competition Review issues
paper
The Productivity Commission has released an issues paper
outlining how it will be approaching its latest efficiency and
competition review of the superannuation system. The review was
commissioned by Treasurer Scott Morrison earlier this year as part
of the government's response to the Financial System Inquiry
(17 March 2016).
More....
Improving transparency in the superannuation
industry
The Bill to improve transparency in the superannuation
industry has been introduced into Parliament by Minister for Small
Business and Assistant Treasurer the Hon Kelly O'Dwyer today.
"Transparency through improved disclosure of information is
critical to the efficient operation of Australia's
superannuation system (17 March 2016).
More...
Prime Minister, Treasurer and Assistant Treasurer
release statement on Competition Policy
The Turnbull Government will legislate to fix competition
policy in Australia through implementation of the Harper
Review's recommendation to amend Section 46 of the Competition
and Consumer Act - the misuse of market power provision. The
Government will 'consult on Exposure Draft legislation before
introducing it to Parliament later in 2016 (16 March 2016).
More...
Labor's plans for small business dealing with
anti-competitive behaviour
Labor has announced its plan to assist small business to
sue big companies for competition law breaches. The plan includes
additional funding for the Small Business and Family Enterprise
Ombudsman and giving judges the power to waive liability for
opposition costs in relation to Part IV CCA proceedings ( 15 March
2016).
More...
Labors Michelle Rowland a response to the ongoing issues for small businesses when confronting the anti-competitive behaviour by larger firms (15 March 2016)
ACCC and Flight Centre: Special Leave Granted for ACCC
to Appeal Federal Court Decision
As reported in a recent ACCC Media
Release, the High Court of Australia has granted the ACCC Special
Leave to appeal the decision of the Full Court of the Federal Court
in relation to allegations that Flight Centre Travel Group Limited
(Flight Centre) attempted to induce three international airlines to
enter into price fixing arrangements in breach of the Trade
Practices Act 1974 (Cth) (15 March 2016). More...
In practice and courts, published reports
Current Senate Enquiries - Economics
Legislation Committee
More...
Superannuation efficiency and competitiveness
Productivity Commission: 16 March 2016
This study assesses whether, and the extent to which, the
Australian superannuation system is efficient and competitive and
delivers the best outcomes for members and retirees, including
whether it optimises risk-adjusted after-fee returns.
More...
Cases
Crescent Capital Partners Management Pty Limited v
Crescent Funds Management (Aust) Limited [2016] FCA
229
TRADE PRACTICES – misleading and deceptive conduct claims
brought under Australian Consumer Law and Australian Securities and
Investments Commission Act 2001 (Cth) – companies engaged in
financial services industry – whether contravening conduct
established – whether business names, domain names and
business activities sufficiently similar to be confusing and
causative of contravening conduct – whether financial
services market susceptible to division on basis of asset classes
– whether financial services market susceptible to division
on basis of investor characteristics – whether distinction
between sophisticated investors and other investors relevant
– whether distinction between retail and wholesale investors
relevant
TRADE PRACTICES – claims of accessorial liability for
misleading and deceptive conduct of others – whether
respondents could be said to have participated with requisite
knowledge in contravening conduct
Crescent Wealth's business is concerned with the making of
investments. It offers Sharia compliant superannuation, via
the Crescent Wealth Superannuation Fund, and additional
managed investment products to the public. More...
Flexopack S.A. Plastics Industry v Flexopack Australia
Pty Ltd [2016] FCA 235
TRADE MARKS – infringement – thermoplastic polymers
– packaging goods – goods falling within the scope of
the registration – goods of the same description –
services closely related to registered goods – operation of
ss 120(1) and (2) of Trade Marks Act 1995 (Cth) – defences to
infringement – defence of use of own name – s 122(1)(a)
– defence of "right to register" – s
122(1)(fa) – block to hypothetical registration by s 44(1)
– counter-response of honest concurrent use – s
44(3)(a) – block to hypothetical registration by s 60 –
further block to hypothetical registration by s 62A – proviso
under s 120(2) – defences rejected – infringement
claims established
TRADE MARKS – removal from the Register for non-use –
application under s 92 – application dismissed –
removal from the Register for lack of distinctiveness –
application under s 88 – ground under s 41 – operation
of the then s 41(5) – grounds not established – s 88
application dismissed
TRADE PRACTICES – misleading or deceptive conduct – ss
18 and 29(1)(a), (g) and (h) of Australian Consumer Law –
knowing involvement of director – elements of claims
established – passing off – reputation – whether
director a joint tortfeasor – elements of claims
established
Competition and Consumer Act 2010 (Cth) Sch 2, ss 2(1), 18,
29(1)(a), (g), (h). More...
Australian Competition and Consumer Commission v P T
Garuda Indonesia Ltd [2016] FCAFC 42
TRADE PRACTICES – price fixing – meaning of a
market "in Australia" – whether markets for
airborne cargo out of Hong Kong, Singapore and Indonesia to ports
in Australia were markets "in Australia" within s 4E of
the Trade Practices Act 1974 (Cth)
STATUTORY INTERPRETATION – whether inconsistency exists between Trade Practices Act 1974 (Cth) and Air Navigation Act 1920 (Cth). More...
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