Mondaq Australia: Anti-trust/Competition Law
The Federal Court found that arrangements between the private equity firm and the ultimate buyer involved cartel conduct.
In a measured response to the many disparate submissions, the Draft Report is generally supportive of the current Regime.
The ACCC is reviewing its immunity policy, in light of experience gained since Australia criminalised its cartel laws.
On 6 May 2013, the ACCC released the updated Draft Authorisation Guidelines (Draft Guidelines).
The Qld Competition Authority released a Discussion Paper on Capacity Expansion and Access Pricing for Rail and Ports.
Loyalty or fidelity rebates based on volume of customer requirements can have an effect on competition in the market.
The agreement benefits customers of both parties.
Competition law has become one of the most international forms of legal practice.
In 2012, over half of the ACCC's work was within its priority areas, so businesses should consider the 2013 priorities.
Businesses should ensure all commercial and contract managers are aware of the cartel prohibitions under competition law.
PT Garuda, the national airline of Indonesia, cannot use the Foreign State Immunities Act to hide from ACCC prosecution.
The ACCC will ensure businesses do not make misleading claims about price increases as a result of the carbon price.
Three recent cases consider the application of established law in the context of competition, IP and internet usage.
The Federal Court has breathed new life into section 46 of the Competition and Consumer Act (Cth) 2010.
The Federal Court has breathed new life into section 46 of the Competition and Consumer Act (Cth) 2010.
A ninth court-endorsed settlement reached between the ACCC and an airline in the air cargo investigation.
The ACCC hotline will make it easier for consumers and small businesses if they think a carbon price claim is false.
Google contends that facilitation and arrangement of automated search results is not misleading and deceptive conduct.
On 27 March 2012, the ACCC filed two separate proceedings in the Federal Court against three energy retailers.
This week, the Australian Parliament launched an Inquiry into why computer software and hardware may cost more in Australia than some believe it does in the U.K. or U.S.
The Federal Court found that arrangements between the private equity firm and the ultimate buyer involved cartel conduct.
Seeking to restrain a former employee from competing with their former employer is a controversial area of law.
If you operate a small business, advertise goods or services, negotiate with suppliers, are a franchisor or distributor, or compete with other businesses, then you should have a Trade Practices Act compliance program in place.
This article covers the application of the consumer guarantee provisions of the ACL to business transactions.
The ACCC is reviewing its immunity policy, in light of experience gained since Australia criminalised its cartel laws.
Justice Heerey of the Federal Court, recently handed down judgment in the seminal cartel case of the ACCC vs Visy Industries and others.
The key "cartel conduct" amendments (Cartel Provisions) to the Trade Practices Act 1974 (Cth) (TPA) came into effect last year on 24 July. The amendments criminalised "cartels", which in ordinary terms are any competitors that form a syndicate to regulate price or the distribution or sale of products or services within a specific market.
On 6 May 2013, the ACCC released the updated Draft Authorisation Guidelines (Draft Guidelines).
August 2007, the High Court decided, in ACCC v Baxter Health Care Pty Ltd [2007] HCA 38, that the doctrine of derivative Crown immunity did not protect Baxter Health Care from Part IV of the Trade Practices Act 1974.
If you are a franchisor or operate a small business, advertise goods or services, negotiate with suppliers, are a distributor or compete with other businesses, then you should have a "Trade Practices Act 1974" (Cth) (TPA) compliance program (Program) in place.
On 11 August 2008, the Full Court of the Federal Court of Australia handed down a decision upholding an appeal by the Australian Competition & Consumer Commission (ACCC) from a decision of the trial judge in 2005
An important facet of marketing for many businesses is the ability to attract online consumers by directing as many of them as possible to their websites. While Google and other popular search engines have ways of "ranking" websites for specific search terms, businesses can promote their way up the list by purchasing "AdWords" (for Google) which will elevate the status of their website to "sponsored links" when search terms using those AdWords are used. This creates an interesting problem reg
In a timely reminder to business, the Australian Competition and Consumer Commission has commenced proceedings against 28 parties in the telecommunications and finance industries, alleging third line forcing and misleading and deceptive conduct arising out of bundled services deals.
A defence of contributory negligence was found not available in a claim for damages from a breach of s42 FTA (NSW).
New unconscionable conduct provisions of the Australian Consumer Law come into force in January.
On 3 March 2011, the Australian Consumer & Competition Commission ("ACCC") issued its Interim Access Determination ("Determination"), ending the freeze on wholesale access prices for access to Telstra’s copper network. The freeze has been in place since December 2009 to enable the ACCC to review the way the prices were calculated. The Determination is the first telecommunications pricing decision made by the ACCC under new laws that restrict Telstra's ability to challenge the ACCC in the Federal
The ACCC again demonstrated that the telecommunications industry is a particular target for its enforcement activities.
This week, the Australian Parliament launched an Inquiry into why computer software and hardware may cost more in Australia than some believe it does in the U.K. or U.S.
On 8 September 2010, the Australian Competition and Consumer Commission (ACCC) published a decision authorising north west shelf joint venture (NWSV) participants to jointly market domestic gas.
Two more jurisdictions, Australia and South Africa, may now join the growing number of countries that impose criminal penalties for antitrust violations.
Most Popular Recent Articles
The Federal Court found that arrangements between the private equity firm and the ultimate buyer involved cartel conduct.
The decision in Bradken is the first test of Australia's new cartel and bid rigging rules, and the outcome is alarming.
The case reinforces that online advertisers are not at a disadvantage to traditional print and broadcast advertisers.
New unconscionable conduct provisions of the Australian Consumer Law come into force in January.
The ACCC is reviewing its immunity policy, in light of experience gained since Australia criminalised its cartel laws.
In a measured response to the many disparate submissions, the Draft Report is generally supportive of the current Regime.
Loyalty or fidelity rebates based on volume of customer requirements can have an effect on competition in the market.
This article covers the application of the consumer guarantee provisions of the ACL to business transactions.
On 6 May 2013, the ACCC released the updated Draft Authorisation Guidelines (Draft Guidelines).
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