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Competition Law
Our experienced Competition Law legal team regularly publishes
articles and updates - the full list of publications appears below. We profile
some key cases and review recent findings of the Australian Competition &
Consumer Commission (ACCC). If you'd like to be notified when we add new
competition law publications to the site, please go to our
subscription page to sign up for email alerts or,
alternatively, you can subscribe to our RSS feed.
Allens Arthur Robinson has wide-ranging competition experience through its involvement in
several landmark matters. Read about our
impressive track record in competition law.
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The PRC State Council has set the thresholds for when notification is required of mergers and acquisitions under China's new Anti-Monopoly Law, which came into effect on 1 August 2008. Partner Nigel Papi and Senior Associates Ross Keene and Katherine Yu discuss the new thresholds and other issues in relation to the review of mergers and acquisitions under the new law |
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On 1 August 2008, China's Anti-Monopoly Law came into force. Its key provisions will be broadly familiar to businesses operating in Australia, Europe and the USA in that it prohibits anti-competitive ('monopoly') agreements and abuse of a dominant market position, and requires notification of mergers and acquisitions ('concentrations') that meet certain thresholds. However, the Chinese Government is yet to release regulations or final guidelines on a number of aspects of the law that require clarification |
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The ACCC has released a guideline, Carbon claims and the Trade Practices Act, that is intended to inform both the providers and users of carbon offsets of their obligations under the Trade Practices Act 1974 (Cth) where they make claims based on those carbon offsets. Partner Grant Anderson and Lawyer Adam Ross report |
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The Federal Government has introduced into Parliament further amendments to the Trade Practices Act 1974 (Cth). Among these changes are proposed amendments to the existing predatory pricing laws that were introduced in late 2007. Partner David Brewster and Lawyer Adel Mohamed report |
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The Victorian Civil and Administrative Tribunal has delivered the first significant decision on the 'unfair contract' provisions of the Fair Trading Act 1999 (Vic). Partner David Brewster and Articled Clerk Georgie Korman report |
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The Federal Government has released for public consultation a revised Trade Practices Amendment (Component Pricing and Other Measures) Bill 2008, which would require corporations to specify, in a prominent way, a single price for goods and services. Partners Carolyn Oddie and Jacqueline Downes, and Law Graduate James Greenwood report |
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The ACCC has released for public consultation its much anticipated Draft Merger Guidelines 2008. This is the first update since publication of the 1999 merger guidelines. Partners David Brewster and Jacqueline Downes and Lawyer Helen Anness report |
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The Federal Government has released the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 for public comment. The draft Bill proposes two new criminal offences to deal with serious cartel conduct. Partner David Brewster, Lawyer Helen Anness and Law Clerk Maya Tal report |
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The High Court of Australia has held unanimously that the Australian Competition and Consumer Commission had acted incorrectly and unreasonably in adopting its own methodology for determining the value of the Moomba-Sydney gas transmission pipeline. Partner David Maloney and Lawyer Andrew Daly consider the decision |
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The People's Republic of China Anti-Monopoly Law was passed by the Standing Committee of the National People's Congress on 30 August 2007 (having been under consideration for 13 years) and will come into force on 1 August 2008. Although anti-competitive conduct is already subject to a degree of regulation in the PRC by different agencies and under different laws, the new law sets out a broader definition of monopolistic conduct and creates a commission to oversee this area. |
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On 11 September 2007, the Federal Government introduced into parliament further amendments to the Trade Practices Act 1974 (Cth). The further amendments introduce a new prohibition that applies specifically to below-cost pricing for anti-competitive purposes (also known as 'predatory pricing'). Partner Wendy Peter and Lawyer Alistair Newton report on the implications of these changes for business |
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In a 6:1 decision, the High Court has made it clear that 'derivative Crown immunity' may no longer protect a corporation from liability under the Trade Practices Act 1974 (Cth) for anti-competitive conduct when it is negotiating or contracting with government. Partner Fiona Crosbie and Senior Associate Kylie Virtue report |
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The merger provisions of the Competition Act (Chapter 50B) of Singapore came into force on 1 July this year. Allens Arthur Robinson TSMP Director Stefanie Yuen Thio and Allens Arthur Robinson TSMP Partner Robert Clarke and Lawyer Brooke Nicholls look at some of the key features. |
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On 20 June 2007, the Federal Government introduced into parliament a Bill to amend the Trade Practices Act 1974 (Cth) to provide better protection for small business from misuse of market power and unconscionable conduct. Partner Wendy Peter and Lawyer Alistair Newton consider the implications of these changes |
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The Federal Court has handed down a much-publicised judgment in ACCC v Leahy Petroleum Pty Ltd & Ors [2007] FCA 794, which cleared a group of petrol retailers of price fixing in the Geelong area of Victoria |
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The Australian Communications and Media Authority's Media Diversity Report was published on 30 May 2007. It sets out details of the ownership of the regulated media platforms in each commercial radio licence area in Australia and it provides details about the points regime that is central to the administration of the new media ownership laws that came into force on 4 April 2007. Partner Ian McGill reports |
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Recent changes to Australia's foreign investment policy mean that foreign investors will face a lower regulatory burden when undertaking takeovers or reconstructions involving small-to-medium Australian businesses. Partner Wendy Rae and lawyer Damian Jacobs consider the impact of these changes |
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The US Department of Justice has begun an investigation into the conduct of private equity firms in the United States and whether their participation in 'club' deals is potentially anti-competitive. Partner Carolyn Oddie discusses the key aspects of these investigations and the implications for Australian consortium participants |
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Partner David Brewster and Lawyers Andrew North and Emma Leske examine the Trade Practices Legislation Amendment Bill (No 1) 2005 that was passed today by the Federal Parliament |
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The Trade Practices Amendment (National Access Regime) Act 2006 amends the current national access regime in Part IIIA of the Trade Practices Act 1974 . Partner David Brewster and Lawyers Charles Coorey and Emma Leske summarise the key provisions of the amending Act and the impact these amendments will have on access-seekers, access-providers and investors |
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In an important policy statement on media mergers, the Australian Competition and Consumer Commission has indicated that the established demarcation of media markets is declining in relevance. Instead, the supply and acquisition of content will be the ACCC's principal focus. Senior Associate Jacqueline Downes discusses the ACCC's new approach |
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The Hong Kong Competition Policy Review Committee recently issued its report and recommendations on Hong Kong's competition policy, as Partner, Simon McConnell and Senior Associate, Daniel Yeo report |
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On 30 June 2006 the Queensland Competition Authority approved the recently submitted Queensland Rail draft access undertaking. Lawyer John Hedge reviews some of the major changes for access seekers, access holders, and end customers (particularly coal miners) between the approved 2006 access undertaking and the previous 2001 access undertaking |
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The ACCC's new Merger Review Process Guidelines settles the processes it will follow when considering confidential and non-confidential mergers. Partner Fiona Crosbie and Senior Associate Jacqueline Downes report |
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The year 2005 was alive with trade practices news. We review the major trade practices developments that took place, and which are likely to affect businesses Australia-wide |
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The ACCC's new immunity policy goes further than its previous leniency policy by 'dangling a carrot' of full immunity in front of cartel members by allowing the first member to confess its conduct to the ACCC to avoid harsh penalties. Lawyer Glenn Shewan and Partner Carolyn Oddie explain |
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A recent Federal Court decision expresses concern over bundled discounts in some circumstances. Partner Fiona Crosbie and Lawyers Jeremy Loeliger and Dylan Matthews report |
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The Commonwealth Government has proposed a set of reforms to the national access regime for essential infrastructure facilities. Senior Associate Louise Thomson and Lawyer Anne Tyedin look at these reforms |
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The ACCC's new Guideline for Informal Merger Review is intended to make the informal merger clearance process more open and informed. Understanding and giving effect to the Guideline's requirements will be critical to gaining the ACCC's informal clearance for a merger in a timely manner. Senior Associate Emma Marsh and Lawyer Yvonne Schmaedeke report |
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Senior Associates Kylie Virtue and Jacqui Downes report on a recent High Court decision with trade practices implications for government authorities |
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Lawyer Mark Richards summarises the key findings and recommendations of the Productivity Commission's review. Significant changes from the recommendations made in the draft report are also highlighted |
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Partner Louise Benjamin and Lawyer Belinda Hollway examine the Trade Practices Legislation Amendment Bill that was introduced into the House of Representatives on 24 June 2004 |
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Welcome to AAR's update on food legislation, policy, news and cases. Feature articles: The rise of obesity, mortality and life-insurance premiums; CoOL news from Food Standards Australia New Zealand |
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