Allens

27 March 2013

In brief: Even where no market in Australia is affected, a recent Federal Court decision highlights that certain conduct may breach the new cartel provisions of Australia's competition and consumer legislation. Partner Michael Schoenberg, Senior Associate Tim Maxwell and Lawyer Angela Gibbs provide an overview of the decision.

22 February 2013

Credence claims and online issues are a focus for the Australian Competition and Consumer Commission this year, under its newly released Compliance and Enforcement Policy. Partner Carolyn Oddie and Knowledge Management Lawyer Julie Playfair report.

12 February 2013

On Friday, the Australian Competition Tribunal handed down its decision in the Pilbara rail access dispute. The Tribunal found that, applying the proper interpretation of the declaration criteria and adopting the approach to review of Ministerial declaration decisions laid down by the High Court last year, Rio Tinto's railway services in the Pilbara did not satisfy the criteria for declaration. As a result, Rio Tinto's Pilbara railways are not subject to open access under Australia's national access regime. Partner Ted Hill and Special Counsel Verity Quinn report.

07 February 2013

The long-running battle with the ACCC over Google's AdWords service has been decided in Google's favour. The High Court unanimously held that Google did not engage in misleading and deceptive conduct by displaying advertisements in the form of 'sponsored links'. Partner Carolyn Oddie and Special Counsel Rebecca Sadleir report on the case, which is positive news for companies involved in the dissemination of information on the internet.

10 December 2012

The Productivity Commission has been tasked with reviewing the effectiveness of Australia's national third party access regime, which potentially applies to all nationally significant infrastructure. As part of this process it has released an Issues Paper setting out the matters it will focus on in its review. Special Counsel Verity Quinn and Senior Associate John Hedge report on the key topics raised in the paper.

21 September 2012

The High Court has handed down its decision regarding FMG's application to have Rio Tinto's Pilbara rail lines declared subject to open access, referring the matter back to the Tribunal to redecide according to law. In doing so, the court has clarified the meaning of some of the criteria for declaration and, most importantly, decided that infrastructure should not be declared if it is privately profitable for anyone to duplicate it. Partner Ted Hill and Lawyer Rosannah Healy report.

18 September 2012

The Federal Court and Advertising Standards Bureau have determined that businesses are responsible for third-party comments posted on their Facebook and Twitter pages, and may be in breach of consumer laws and advertising standards if those comments are misleading or offensive. Partner Duncan Travis and Lawyer Nadia Guadagno report on these decisions and their implications.

07 August 2012

In recommending that a pipeline be exempt from being a 'covered' pipeline, the National Competition Council has confirmed that pipeline infrastructure is likely to be exempt from third-party access if there are competing pipelines with surplus capacity or potential for expansion to meet foreseeable additional demand. Partner Jo Daniels and Senior Associate John Hedge consider the council's reasoning and its implications for the future prospects of third-party access regulation of other gas pipelines and infrastructure.

20 July 2012

A recent decision by the Australian Competition Tribunal, relating to gas pipeline access arrangements, sheds light on aspects of the current regulatory approach to setting returns for infrastructure assets. Partner Jo Daniels and Senior Associate John Hedge look at the implications of the decision.

12 June 2012

With important implications for the banking sector, the Federal Government's new price signalling laws, which prevent the disclosure of pricing and other information to competitors, have come into effect. The Australian Competition and Consumer Commission has issued guidelines to assist banks in navigating the new laws. Partner David Brewster and Senior Associate Verity Quinn report

07 June 2012

An airlines industry body has failed in its bid to have jet fuel infrastructure at Sydney Airport declared open for third party access. Partner David Brewster and Senior Associate Verity Quinn report on an interesting application where the Federal Government recognised that regulated access was unlikely to resolve issues of capacity constraints that require significant investment

19 April 2012

A recent Federal Court decision emphasises that claims of misleading and deceptive conduct do not end after the settlement of an off-the-plan contract and developers must have clear evidence supporting representations as to future matters. Professor Bill Duncan (consultant to Allens Arthur Robinson) and Partner Tony Davies report on the decision and its implication for developers

05 April 2012

The Full Federal Court has unanimously upheld an appeal by the Australian Competition and Consumer Commission, concerning Google's AdWords service. It found that Google was responsible for the content of certain misleading advertisements appearing on its website, and that it, therefore, directly engaged in misleading and deceptive conduct. Partners Miriam Stiel and Carolyn Oddie and Special Counsel Rebecca Sadleir report on the decision

01 December 2011

The Full Federal Court has dismissed all grounds of the Australian Competition and Consumer Commission's appeal in the Metcash case. Partner Jacqueline Downes and Lawyer Nicholas Mendoza-Jones report

25 August 2011

In its eagerly awaited decision, the Federal Court has dismissed the ACCC's attempt to block Metcash from acquiring Franklins. Partners Fiona Crosbie , David Brewster and Lawyer Sally Keenan report

15 July 2011

As part of the Federal Government's announcement this week to introduce a carbon pricing scheme (commonly referred to as a 'carbon tax'), a new dedicated 20-person ACCC team will be formed to investigate false and misleading claims by businesses in relation to the impact of the tax on their prices. Partners Fiona Crosbie and David Brewster look at the competition risks for businesses

13 July 2011

A recent full Federal Court decision gives guidance on whether the apportionment regime applying to claims for damages for misleading or deceptive conduct under section 82 of the Trade Practices Act 1974 (Cth) is relevant to claims under s87 for compensation. Partner Brian Millar and Senior Associate Matthew Senescall report on the decision, and consider the implications for parties considering bringing or defending such claims under the TPA and the recently enacted Competition and Consumer Act 2010 (Cth) and Australian Consumer Law

08 July 2011

Following lengthy consideration, the House of Representatives yesterday passed the government's proposed price signalling laws. The good news for business is that the scope of the prohibition against private disclosures of pricing information has been significantly reduced with the last-minute inclusion of an 'ordinary course of business' exception. Partners David Brewster and Fiona Crosbie look at the implications of the new law

07 July 2011

The Federal Court has handed down a record penalty for misleading advertising. David Brewster speaks to Boardroom Radio about the court's reasoning and the implications for business

17 May 2011

The Competition Commission of India this week issued the final version of its merger regulations, which are likely to have significant consequences for mergers and acquisitions involving companies with operations or assets in India. Partners David Brewster and Fiona Crosbie and Lawyer Timothy Lamb report on this move, which follows the recent announcement by the Government of India that will bring into force the merger control regime contained in the Indian Competition Act 2002 with effect from 1 June 2011

16 May 2011

Recently, the Full Federal Court handed down its decision in the Pilbara rail access dispute. The Full Court was reviewing determinations made by the Australian Competition Tribunal last year which considered whether or not Rio's two Pilbara railways should be declared under Part IIIA of the Competition and Consumer Act 2010. (Railways owned by BHP were also considered by the Tribunal, but were not the subject of review by the Full Court). The outcome of the Full Court's decision is that neither of Rio's railways in the Pilbara is declared open for third party access. The Full Court's approach provides a clearer, more certain framework for assessing the application of the Part IIIA access regime to infrastructure. It is also more consistent with the philosophy underpinning Part IIIA and competition regulation in Australia generally. Partner David Brewster and Senior Associate Verity Quinn report

04 April 2011

Last week, the Federal Government introduced into Parliament legislation to prohibit the disclosure of pricing and other information. The proposed law, if enacted, will have wide-reaching consequences. Partners Fiona Crosbie and David Brewster explain

24 March 2011

The Federal Government today introduced into Parliament a Bill to prohibit the disclosure of pricing and other information to competitors. Partners Fiona Crosbie and David Brewster report

04 February 2011

In 2010, there were a number of changes to the Trade Practices Act 1974 (Cth) as the Australian Consumer Law reforms were progressively implemented. With the final tranche coming into force on 1 January 2011, Partner Wendy Peter and Lawyer Rosannah Healy provide a summary of the key changes

20 January 2011

The Australian Competition and Consumer Commission and the US Consumer Product Safety Commission have formalised their intention to engage in greater consultation and information sharing on product safety. Partner Annette Hughes and Lawyer Claire Nicholson look at a Memorandum of Understanding that will have a major impact on risk management for Australian manufacturers and suppliers of consumer goods and services

14 December 2010

An exposure draft of legislation to introduce a new civil prohibition regarding the exchange of sensitive information between competitors has been released by the Federal Government. Partner David Brewster spoke to Boardroom Radio about the implications of the new legislation

13 December 2010

An exposure draft of legislation to introduce a new civil prohibition regarding the exchange of sensitive information between competitors has been released by the Federal Government. Partner David Brewster looks at the implications of the new legislation.

02 December 2010

The new telecommunications law reform has passed the Senate, with amendments. The amendments do not change the legislation's essential thrust, but do increase the transparency and oversight of the structural separation process. Partner Ian McGill, Law Graduate Anna Payten and Summer Clerk Lucinda Clarke report on the Senate's changes

22 November 2010

We look at the ACCC's 'tougher' approach on mergers; the first Public Warning Notice under the new Australian Consumer Law; two important cartel class actions decisions; the record penalty in the Cabcharge case; and some of the consumer reforms of the Australian Consumer Law

19 November 2010

New telecommunications legislation will have a profound impact on the Australian telecommunications industry's structure and regulation, and will also provide more legislative certainty for Telstra in undertaking its structural separation. Our experts from the Communications, Media & Technology and the Competition groups outline the Bill in further detail

16 November 2010

The consumer guarantee provisions in the Australian Consumer Law may have serious implications on the product recall regime in the new legislation. In this part of a continuing series of Focus articles on the detail of the Australian Consumer Law, Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Jess O'Brien report on the interaction between the recall provisions and the consumer guarantees

11 November 2010

In a case brought by the Australian Competition & Consumer Commission, the Federal Court has ordered Black and White Cabs Pty Ltd to pay a penalty of $110,000 as a result of an arrangement that contravened the third line forcing provisions of the Trade Practices Act 1974 (Cth). Partner David Brewster and Lawyer Jess O'Brien report

29 September 2010

The Federal Court has imposed the highest ever penalty for misuse of market power, after Cabcharge Australia Ltd settled with the Australian Competition and Consumer Commission and was fined $14 million for contravening section 46 of the Trade Practices Act. Partner Kon Stellios, Senior Associate Helen Anness and Lawyer Jess O'Brien report

29 September 2010

The Australian Competition and Consumer Commission has announced that it will target the telecommunications, airline and car rental industries over their customer contracts. Partner Jacqueline Downes speaks to Boardroom Radio about the ACCC campaign and what the implications are for businesses following recent changes to federal consumer protection laws

09 September 2010

The far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and businesses operating in the manufacturing and retail sectors will be affected. It covers a wide range of transactions, not just security interests. It is not just limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. Partner Diccon Loxton reports on how the changes will affect the manufacturing and retail industries

08 September 2010

The Full Federal Court has handed down fines of nearly five million dollars for breaches of sections 46 and 47 of the Trade Practices Act 1974 in a long-running action by the Australian Competition and Consumer Commission. Partner Jacqueline Downes and Lawyer Rachel Chua report.

24 August 2010

The Australian Competition and Consumer Commission has recently issued its first Public Warning Notice for misleading claims in advertisements. Partner Wendy Peter and Senior Associate Alexander Gelis report on the first time this power has been exercised, following its introduction as part of the Australian Consumer Law amendments to the trade practices legislation

06 August 2010

Welcome to the first edition of the Allens Arthur Robinson Competition & Consumer Law Quarterly newsletter

23 July 2010

Amendments to the national access regime set out in the Trade Practices Act 1974 (Cth), designed to reduce delay, increase certainty for facility owners and access seekers, and streamline administrative processes, commenced on 14 July 2010. The Act also introduces a new option for proposed facilities to be excluded from the regime. Partner Jacqueline Downes, Senior Associate Verity Quinn and Lawyer Rosannah Healy report

19 May 2010

Recently, the first contested cartel case brought by the United Kingdom's competition regulator against British Airways executives collapsed, following the recovery of previously undisclosed materials held by the leniency applicant, Virgin Atlantic Airlines. The executives facing criminal cartel charges were acquitted in a major setback for the regulator, and Virgin's immunity from penalties as the whistleblower is now under review. In Australia, there have been no criminal cartel prosecutions since cartel conduct was criminalised in July last year, but the UK experience demonstrates some of the potential pitfalls for immunity applicants and prosecuting authorities. Partner Wendy Peter, Senior Associate Verity Quinn and Lawyer Jane Rennie report

14 April 2010

The Federal Government has recently made comments about Australian companies becoming too big through merger consolidation, while at the same time the Australian Competition and Consumer Commission has rejected a high number of mergers. Partner David Brewster speaks to Boardroom Radio about the current landscape for mergers in Australia and the impact of recent changes to other competition laws, including new consumer and anti-cartel laws

23 March 2010

The Trade Practices Amendment (Australian Consumer Law) Bill 2009 was passed by both Houses of Parliament last week. The Bill, which is the first phase of the Australian Consumer Law, introduces an unfair contracts regime and additional enforcement remedies. The regime will commence on 1 July 2010 if it receives royal assent by that date; otherwise it will commence on a date to be fixed by proclamation or six months from royal assent. Partner Jacqueline Downes and Senior Associate Caterina Cavallaro report

05 March 2010

The Federal Government has released the report of the expert panel appointed to examine proposals for regulation of the unconscionable conduct provisions in the Trade Practices Act 1974 (Cth), and agreed to clarify the provisions, and consider amending the Franchising Code of Conduct to require greater disclosure about franchise agreements and their risks. Partners Carolyn Oddie and Tim Golder and Senior Associates Robyn Chatwood and Alexander Gelis report

11 January 2010

Partner Susan Burns and Lawyer David Marcus consider how the proposed Australian Consumer Law will affect managed fund products.

15 December 2009

Draft legislation to reform the UK's insurance contract law has been published, which could have considerable significance for the UK insurance market and for international markets that have dealings with it. Senior Associate Philip Hopley speaks to Boardroom Radio about the details of the draft legislation

26 November 2009

The Australian Competition and Consumer Commission may conduct more raids of businesses under anti-cartel laws. Allens Partner Wendy Peter speaks to Boardroom Radio about the steps businesses should take if they are the subject of a raid

10 November 2009

The Government has introduced a Bill to amend the National Access Regime that is aimed at improving regulatory certainty and streamlining administrative processes. Partner Jacqueline Downes and Lawyer Rebecca Cope explain.

02 November 2009

The Federal Government has tabled in the Senate material changes to the regulation of unfair contract terms in consumer contracts. Partner Catherine Parr reports

28 October 2009

A Senate committee report, has recommended that the government's proposed Bill on telecommunications industry changes be passed without delay to help reduce regulatory uncertainty in the industry. Partner Ian McGill and Lawyers Valeska Bloch and Chris Govey summarise the committee's conclusions

24 September 2009

The Senate Economics Committee has recently handed down its report on the Trade Practices Amendment (Australian Consumer Law) Bill 2009, which recommended strengthening consumer protections in insurance contracts. Partner John Morgan speaks to Boardroom Radio about the potential impact of the Committee's recommendations on insurers