Competition and Antitrust



Meet the Co-chairs - TAGLAW


Dekker, Cees
Nysingh advocaten-notarissen N.V.
cees.dekker@nysingh.nl


Hill, Christopher S.
Kirton McConkie, PC
chill@kmclaw.com


Hauck, Dieter
Preslmayr Rechtsanwälte
hauck@preslmayr.at



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.

Read more: Australian Competition & Consumer Commission Priority – Small Business Unfair Contract Terms...


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.

Read more: Stay in your speed lane - a further warning to retail carriage service providers about NBN speed...


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. 

Read the entire article.


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.

Read more: Bundling Pfizer with Baxter – does the ACCC’s loss to Pfizer cast doubt on their win over Baxter?