Insights

Foreign Bribery Update: December 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018.

More
ACCC takes $9 million bite out of Apple US for false and misleading representations under ACL

On 19 June 2018, the Federal Court of Australia ordered Apple Inc (Apple US) to pay penalties of $9 million for making false and misleading representations to customers about their rights under the...

More
The Pfizer case: Monopolies ≠ market power; Anti-competitive language ≠ anti-competitive purpose

In May 2018, the Full Federal Court held that Pfizer did not misuse its market power under section 46 of the Competition and Consumer Act 2010 (Act) by engaging in a number of activities that...

More
Biggest fine ever for breach of competition law – a sign of things to come

Last month, the Full Federal Court ordered Japanese company Yazaki Corporation (Yazaki) to pay a penalty of $46 million for engaging in cartel conduct in contravention of the Competition and...

More
Valve appeal dismissed – foreign digital content providers beware

The Australian competition regulator (the ACCC) has succeeded in a case against Valve Corporation (Valve), a global digital distribution company, regarding its failure to provide refunds to certain...

More
Valve appeal dismissed – the ACCC blows off steam

Take note: this case is particularly instructive foreign businesses operating in Australia and businesses providing digital content to consumers online.

More
No relief in sight as ACCC targets “targeted” pain relievers

In a new case echoing Nurofen’s bruising $6m encounter over its “pain specific” range, the ACCC has commenced proceedings against the manufacturers of Voltaren Osteo Gel.

More
Acumen December 2017

noun – quickness of perception; keen insight. A range of legal issues relevant to corporate counsel and senior executives, written by our senior practitioners.

More
Australia’s media reform and its impact on M&A activity

On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...

More
Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

More
Higher penalties for competition and consumer law breaches

Compliance has never been more critical than it is now given the increase in penalties.

More
ACCC review of contentious mergers: greater scrutiny, longer review periods

On 4 August 2017, the Chairman of the ACCC, Mr Rod Sims, confirmed a major shift in ACCC policy towards “more intensive information-gathering” when it is reviewing contentious merger proposals. As...

More
Australia’s first criminal cartel conviction: NYK fined $25 million

Compliance with competition laws has never before been so important.

More
ACCC’s electrical cartel zapped out by the Federal Court

"On 9 March 2017, the Federal Court of Australia dismissed allegations brought by the Australian Competition and Consumer Commission (ACCC) against Australia’s largest cable manufacturers, Olex...

More
Final destination: High Court decides market ‘in Australia’ for the Air Cargo Cartel

The High Court’s decision is the final (Australian) chapter in the long running Air Cargo Cartel matter. Between 2008 and 2010, the Australian Competition and Consumer Commission (ACCC) issued...

More
Merger with benefits: Lessons from the Tabcorp/Tatts case

The Australian Competition Tribunal has given competition approval for the $11bn merger of Tabcorp and Tatts. Although the Tribunal was the first instance decision maker in this case, under...

More
Can the knowledge of several employees be aggregated and attributed to the company?

In certain circumstances, knowledge of fraud by employees may be aggregated to determine culpability of a company where there is a duty and opportunity to communicate it to the other.

More
New Country of Origin Labelling Laws are here – are you ready?

The Competition and Consumer Amendment (Country of Origin) Bill 2016 (Bill) was passed by the Senate on 8 February 2017 and will commence the day after it receives royal assent, which is imminent.

More
The push to increase penalties for breaches of the Australian Consumer Law

The ACCC has announced its intention to pursue higher penalties for breaches of the Australian Consumer Law (ACL).

More
The Misuse of Market Power Bill

The Federal Government's Misuse of Market Power Bill is the next step in its commitment to implement the ‘Harper’ Competition Policy Review’s misuse of market power reform recommendations

More
The risks of claiming you are “No 1” in the industry

On 13 February 2017 the Federal Court delivered its decision in relation to whether claims made by Domain Group (‘Domain’) that it had the “#1 property app in Australia” were misleading or...

More
ACCC priorities for 2017 – will you be a target this year?

On 24 February 2017, the Australian Competition and Consumer Commission (ACCC) announced its Enforcement and Compliance Policy for 2017.

More
Dual distribution or a duel between rivals? The High Court weighs in with ACCC v Flight Centre

The High Court has clarified the circumstances in which suppliers and their distributors / agents will be taken to be actual or potential competitors for the purposes of Australian competition law....

More
East Coast Gas Market Reform Package

COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.

More
East coast Australian gas market reviews

Are east coast gas markets fit for purpose? Are they competitive? A closer look at the case for change.

More