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In Touch: Full Federal Court says environmental claims on packaging not misleading representations; ACCC publishes first report on airline competition; more authorisations in response to COVID-19; and other developments
Full Federal Court says environmental claims on packaging not misleading representations; ACCC publishes first report on airline competition; more authorisations in response to COVID-19; and other developments ...
Nucleus – corporate law developments: Second tranche of draft FIRB reforms; ASIC Corporate Plan for 2020-24; High Court clarifies personal/carer's leave entitlements; and other corporate law developments
Second tranche of draft FIRB reforms released; ASIC releases Corporate Plan for 2020-24; ASIC grants relief for escrow and non-promotional communications for IPOs and updates RG5 and RG254; High Court sides with employers and clarifies personal/carer's leave entitlements; ACCC releases ninth interim gas inquiry report; extension of temporary COVID-19 continuous disclosure and insolvency relief measures; ALRC reports on Australia's corporate criminal responsibility regime. ...
In Touch: COVID-19 cooperation to continue; international regulators team up on investigations; charity claims under the lens; and other developments
Continued coordination in response to the COVID-19 pandemic; int'l agreement for regulators to cooperate on cross-border investigations; Oscar Wylee penalised $3.5m; Pfizer's Upjohn merger cleared with Mylan; ACCC examines competition in mobile apps market; and new Energy Tech Consumer Code ...
Consultation begins on the CDR energy rules framework
An overview of the ACCC's approach to the CDR Rules and CDR data sets for the energy sector, and matters which may require energy-specific rules. This article provides and highlights the key issues which have been left open for further consideration. ...
Lime shines light on product safety representations and product recalls
The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...
The CDR is coming to the energy sector – have your say now
The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...
What courts and regulators expect from corporate compliance
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. ...
Full Federal Court dismisses ACCC appeal against Pacific National rail merger ruling
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. ...
Product safety priorities — the ACCC's focus for 2020
The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...
Consumer Data Right Rules – what do the changes mean for you?
As part of the CDR rollout, as of 6 February 2020 the Big 4 banks are now required to disclose certain types of product data following a request, with the first types of consumer data to be shared from 1 July 2020. ...