Competition and Antitrust
Authors: Ian Nathaniel, Partner and Conrad Banasik, Associate The small business unfair contract term legisation has been in force for almost 2 years, and the ACCC has been making enforcement of this legislation a priority. However, ACCC Chairman Rod Sims has recently said that these changes are “deeply flawed”. He said that the law “does not go far enough, and its limitations really tie our hands as a regulator. What we want is unfair contract terms to be made illegal and we want huge penalties to apply.” Ian Nathaniel, Partner and Conrad Banasik, Associate, take a look at recent ACCC enforcement action and whether the legislation needs to be strengthened. |
Author: Tom Griffith, Partner Following a finding on 19 March 2018 that Heinz had engaged in misleading and deceptive conduct, the Federal Court of Australia last week hit the food giant with a $2.25 million penalty. The decision marks a fresh approach to the regulation of the marketing of food products to address concerns that health benefits not be overstated, especially when targeted at children and their parents or carers, who are the purchasers of the products. It is a reminder for companies that the Australian Competition and Consumer Commission (ACCC) has power to request the imposition of significant penalties, and is not afraid to do so. |
Read more: ‘Heinz Sight’ is a Wonderful Thing: Food Giant Ordered to Pay $2.25 Million in Penalties
Authors: Tim Clark, Partner & Andrew Barling, Senior Associate Following continuing complaints by consumers in relation to differences between the advertised NBN service speeds and those actually experienced by consumers, the Australian Competition and Consumer Commission (ACCC) continues to monitor the claims made by retail carriage service providers (RSPs) and has now taken action against one RSP. |
Author: Dieter Hauck The Federal Cartel Authority (FCA) has published for consultation draft guidelines on the good conduct of entrepreneurs.(1) Interested parties had until 27 August 2018 to submit their comments. Overview For many years, issues have been raised - although few cases brought - regarding complaints against certain business practices, particularly, relating to the negotiation and enforcement of terms of contract resulting from a gross economic imbalance between contractual partners in the supply chain. |
Author: Dr George Raitt, Consultant Earlier this year, the Full Court of the Federal Court handed down its decision on the ACCC’s appeal in the Pfizer case. In dismissing the appeal, with the result that the ACCC has lost yet another case alleging misuse of market power, the Full Court may well have cast doubt on the earlier majority decision in Baxter, a ‘bundling’ case in which the ACCC succeeded. |
