Allens

Competition, Consumer & Regulatory

Our experienced Competition, Consumer & Regulatory 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, consumer & regulatory 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 has wide-ranging competition experience through its involvement in several landmark matters. Read about our impressive track record in competition law.

The Harper Review

Professor Ian Harper’s review of competition policy is the most significant review of Australia's competition laws and policy in more than 20 years.

In September 2016, the Federal Government released its much anticipated exposure draft. The proposed legislation is the next step in the Government's response to the Harper Review of competition law and policy. You can download our analysis of the key provisions.

Please feel free to contact a member of our Competition, Consumer & Regulatory team to discuss the Government's response in more detail and how it applies to your organisation.

Visit our Harper Review website

Competition, Consumer & Regulatory Publications

  • In touch: Competition news

    21 December 2015

    In Touch looks at what's been happening in Competition this month, and what it means for your business.

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  • Client Update: Significant High Court decision on settlement of regulatory proceedings

    9 December 2015

    The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement. Our Regulatory team reports.

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  • Food Law Bulletin

    8 December 2015

    In this edition we look at the Federal Government’s proposed Country of Origin Labelling that may be rolled out next year; the impact on food producers of the broader reach for the health claims standard; how ACCC proceedings and a new enforcement guide will give producers and consumers a clearer understanding of what is meant by eggs labelled 'free range'; and a decision of the Western Australian Supreme Court of Appeal that examined whether a farmer of genetically modified crops owed a duty of care to prevent contamination of his organic neighbour’s land.

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  • Focus: Plugging the price drip

    30 November 2015

    The Federal Court has found that Jetstar Airways Pty Ltd and Virgin Australia Airlines Pty Ltd contravened the Australian Consumer Law by engaging in 'drip pricing'. In doing so, the Federal Court differentiated between the types of conduct that will be considered misleading or deceptive under the ACL. Partner Jacqueline Downes, Associate Lisa Lucak and Lawyer Jessica Rusten look at the implications for business.

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  • In touch: Competition news

    17 November 2015

    In Touch looks at what's been happening in Competition this month, and what it means for your business. It's been a busy period at the ACCC and we have summarised the most important developments. Of particular note, the extension of unfair contract terms to small business will commence on 12 November 2016.

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  • In touch: Competition news

    29 October 2015

    Welcome to In Touch - the Allens Competition Team's regular round-up of developments in competition law and what it means for your business.

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  • In touch: Competition news

    7 October 2015

    In Touch looks at what's been happening in Competition this month, and what it means for your business.

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  • Focus: Agency arrangements alright - ANZ and Flight Centre succeed in appeals

    31 July 2015

    The Full Federal Court today handed down its decisions in two high-profile appeals in relation to ANZ and Flight Centre. Both cases dealt with the issue of distribution arrangements and price fixing. Partner Carolyn Oddie and Associate Theodore Souris look at the implications for business.

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  • In touch: Competition law update

    17 April 2015

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    26 March 2015

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    25 February 2015

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    12 February 2015

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    18 December 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    30 October 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Linklaters Insights: UK Corporate Update: Competition & Markets Authority publishes final order on mandatory tendering of audit contracts

    29 October 2014

    The Competition & Markets Authority has published a final order to require FTSE 350 companies to put their audit contracts out to tender every 10 years and to give more powers to audit committees in relation to auditor appointments. The order takes effect on 1 January 2015 and applies to financial years commencing on or after 1 January 2015.

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  • In touch: Competition law update

    14 October 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Client Update: Competition Policy 'Root and Branch' review draft report released

    22 September 2014

    The panel tasked with the 'root and branch' review of competition law and policy has released its draft report. Some of the recommendations are far reaching and may have significant ramifications on competition law enforcement in Australia, including in relation to misuse of market power. Partner Kon Stellios, Associate Lisa Lucak and Knowledge Management Lawyer Julie Playfair report.

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  • Food Law Bulletin

    5 September 2014

    we look at the ACCC's current enforcement activities on credence claims in food labelling; the development of a national information standard for the contentious area of 'free-range' eggs in light of the industry's failure to selfregulate; a Federal Court decision that provides some welcome clarification on the issue of certification trade marks; and an ACCC cartel proceeding that highlights the potential dangers of the relationship between producers and the industry bodies that represent them.

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  • In touch: Competition law update

    1 September 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    14 August 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    28 July 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    15 July 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Unravelled: ASIC's proposed competition objective

    8 July 2014

    In its submission to the Financial System Inquiry, the Australian Securities and Investments Commission has proposed the addition of a statutory objective to enable ASIC to consider the impact of its decision making on competition when exercising its statutory powers and functions. This paper explores some of the potential implications if this proposal were to be accepted. It also considers ASIC's proposal within the broader context of the Harper review of competition policy currently underway, which may review ASIC's powers, functions and objects as part of its review of the institutional framework for competition regulation.

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  • Focus: Record penalties a reminder of product safety obligations

    3 July 2014

    Record US penalties recently imposed on car manufacturers for failures to deal appropriately with safety defects are a timely reminder to Australian manufacturers of their product safety obligations. Partner Belinda Thompson, Senior Associate Jaime McKenzie and Lawyer Ishwar Singh report.

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  • In touch: Competition law update

    1 July 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    17 June 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Focus: Proposed mandatory access code for Australia's wheat export terminals

    6 June 2014

    The Federal Government has released a draft mandatory port access code of conduct that would apply to all Australian bulk wheat export port terminals. If implemented, the code would replace the existing regulatory framework and the access undertakings approved by the ACCC for terminals operated by the four vertically integrated operators from 30 September 2014 onwards. The draft is open for consultation, with submissions accepted until 24 June 2014. Partner Carolyn Oddie and Senior Associate John Hedge report on the proposed code and potential implications for owners and users of Australia's wheat export terminals.

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  • In touch: Competition law update

    4 June 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    20 May 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    8 May 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Client Update: Competition policy 'root and branch' review issues paper released

    16 April 2014

    Following the release of the final terms of reference for the 'root and branch' review of Australia's competition law and policy, the review panel has released an issues paper and a fact sheet about the review. Partner Kon Stellios reports.

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  • In touch: Competition law update

    8 April 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Client Update: Competition policy 'root and branch' review final terms of reference released

    1 April 2014

    The Federal Government has released the final Terms of Reference for the 'root and branch' review of Australia's competition law and policy and announced the members of the expert panel who will lead the review over the next 12 months. Partner Jacqueline Downes and Lawyer Lauren John look at the final Terms of Reference and the review process.

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  • Focus: Pricing and repeal of the carbon tax

    28 March 2014

    The legislation that will repeal Australia's carbon pricing scheme will also introduce some significant new prohibitions, and confer some extensive enforcement and price monitoring powers on the Australian Competition and Consumer Commission, to ensure that the repeal of the scheme is accompanied by a corresponding reduction in the price of emissions or energy-intensive goods and services. Partners Grant Anderson and Fiona Crosbie report.

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  • In touch: Competition law update

    25 March 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    11 March 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    25 February 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Focus: Productivity Commission's final report on the National Access Regime

    24 February 2014

    The Productivity Commission's final report on its review of Australia's National Access Regime has now been released. The report supports the continuation of the National Access Regime subject to reforms, including altering the criteria for the application of access regulation. However, with the Coalition Government's response effectively becoming part of the 'root and branch' review of Australia's competition laws, the current uncertainty for infrastructure providers and users is likely to continue for another 12 months. Partner Ted Hill, Senior Associate John Hedge and Lawyer Rowan Kendall report.

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  • In touch: Competition law update

    11 February 2014

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    20 December 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Focus: Agents, airlines, and ash - the ACCC's 'A'-list bring less than 'A'-grade results

    12 December 2013

    The ACCC has had mixed results with some recent judgments in high profile competition cases. Partner Jacqueline Downes, Lawyer Emma Arbon and Knowledge Management Lawyer Julie Playfair report on the decisions which have important implications for businesses with agency arrangements and substantial market power.

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  • In touch: Competition law update

    6 December 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    25 November 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    7 November 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    24 October 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    10 October 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • In touch: Competition law update

    27 September 2013

    In touch: Competition law update is a regular publication by the Allens Competition Law group to keep you informed of the latest news and developments in this area.

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  • Focus: Clear out the dead wood? A 'root and branch' review of competition law

    9 September 2013

    The Coalition has promised a 'root and branch' review of competition law on a scale that has not been undertaken for more than 20 years, but with little guidance on the review's scope and nature. It has indicated it will extend the protections of the unfair contract terms provisions in the Australian Consumer Law to 'small business', and will resource the Australian Competition and Consumer Commission to monitor prices after the repeal of the carbon tax. Partner Jacqueline Downes and Knowledge Management Lawyer Julie Playfair report.

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  • Focus: ACCC scores 'clean sweep' against unconscionable vacuum-cleaner sales tactics

    16 August 2013

    The Federal Court has provided guidance on the values that might inform 'unconscionability' in future decisions, having allowed an appeal by the Australian Competition and Consumer Commission. The court declared that the sale of vacuum cleaners to elderly women in their own homes, following appointments for 'free maintenance checks' of their existing vacuum cleaners, was unconscionable. Partner Jacqueline Downes, Senior Associate Rebecca Cope and Knowledge Management Lawyer Julie Playfair report.

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  • Focus: ACCC releases draft merger review process guidelines

    2 July 2013

    The Australian Consumer and Competition Commission has issued draft Merger Review Process Guidelines for public comment, incorporating a new pre-assessment phase, longer merger review timelines, and the provision of written feedback to the parties from market inquiries. Partner Jacqueline Downes and Knowledge Management Lawyer Julie Playfair report.

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