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What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

Carrots and sticks: enforcement of the Consumer Data Right
Insight 15 May 2020

The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...

Full Federal Court dismisses ACCC appeal against Pacific National rail merger ruling
Insight 12 May 2020

The Full Federal Court has dismissed the ACCC's appeal against Aurizon's proposed sale of the Acacia Ridge rail terminal to Pacific National. The ACCC is using this outcome to advocate for merger law reforms. ...

Nucleus corporate law developments: rapid legal and regulatory responses to COVID-19 continue; ASX updates temporary COVID-19 class waivers and issues guidance on cancelling dividends; ACCC develops code of conduct for digital platforms and media companies; interim Home Loan Pricing Inquiry report released; and other corporate law developments
Insight 07 May 2020

Rapid legal and regulatory responses to COVID-19 continue; ASIC shifts regulatory and enforcement focus; ASX updates temporary COVID-19 class waivers and issues guidance on cancelling dividends; FIRB releases new compliance-related guidance notes; ACCC develops code of conduct for digital platforms and media companies and releases interim Home Loan Pricing Inquiry report; and temporary amendments made to Fair Work Act and modern awards. ...

No relief from pain for Maxigesic claims
Insight 30 Apr 2020

AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...

In Touch: further ACCC authorisations for businesses cooperation during the pandemic; ACCC releases interim Home Loans Price Inquiry report and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies
Insight 30 Apr 2020

Further ACCC authorisations letting businesses work together during the pandemic; ACCC releases interim report in Home Loans Price Inquiry and fuel industry report; and mandatory Code of Conduct for relationships between digital platforms and media companies forthcoming. ...

Takeover response in a COVID-19 environment: it's about being prepared
Insight 09 Apr 2020

COVID-19 continues to impact ASX-listed entities across all sectors. Among others, market volatility and uncertain business conditions have made M&A challenging in the immediate term.  ...

More M&A transactions to be captured by new Vietnam merger control regulations
Insight 09 Apr 2020

The new Vietnam merger control regime prescribed under the new Law on Competition and Decree 35/2020/ND-CP dated 24 March 2020 will take effect from 15 May 2020. This new regime will have a significant impact on M&A transactions in Vietnam, as it substantially expands the scope of transactions subj ...

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