Competition Quarterly Update - December 2008
ACCC releases new Merger Guidelines 2008 - 25 November 2008
On 21 November 2008, the Australian Competition and Consumer Commission (ACCC) released its new Merger Guidelines (New Guidelines). The New Guidelines replace the original Merger Guidelines issued by the ACCC in 1999.
Chinese merger review receives its first toast - 21 November 2008
On 18 November 2008, the Chinese Ministry of Commerce (MOFCOM) announced that it has cleared the acquisition by InBev N.V./S.A. (InBev) of Anheuser Busch Companies Inc. (A-B), the largest transaction it has yet considered under China's new Anti-Monopoly Law (AML). The parties announced that the transaction had closed shortly thereafter.
A Closer Look at Cartel Criminalisation - 7 November 2008
In this Alert, we take a closer look at some of the practical impacts of the Government’s Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008, which is due to be introduced into Parliament before the end of the year and is likely to become law in the first half of 2009.
Cartelists Closer to the Clink - 28 October 2008
Cartelists are now one step closer to the clink, with Assistant Treasurer Hon Chris Bowen’s release of the finalised Bill to criminalise cartel conduct. The proposals have undergone several key changes since their release as a draft exposure Bill in January this year. Most significantly, the maximum period of imprisonment has doubled to a world-leading 10 years and the much-debated “dishonesty” element has been dropped.
Back on track: Pilbara rail access applications to proceed - 25 September 2008
On 24 September 2008, the High Court handed down its decision in BHP Billiton Iron Ore Pty Ltd v National Competition Council [2008] HCA 45. It was held that the Pilbara below rail services sought by Fortescue from BHP Billiton Iron Ore (BHPBIO) did not involve the “use of a production process” and were therefore not excluded from third party access regulation under the Trade Practices Act 1974 (TPA).
ACCC proposes more roll back of access regulation - 16 September 2008
On 5 September 2008, the Australian Competition and Consumer Commission (ACCC) released its draft decision exempting Telstra from its obligation to supply the Public Switched Telephone Network Originating Access in 15 CBD and 248 metropolitan exchange service areas.
Competition Quarterly Update- September 2008
Government releases discussion paper on creeping acquisitions - 1 September 2008
Today the Government released a Discussion Paper calling for public comment on the best way forward for a creeping acquisitions law. The discussion paper outlines two proposals to deal with creeping acquisitions, and invites submissions in relation to this issue by 10 October 2008.
ACCC grants Telstra exemption from access obligations - 28 August 2008
Mallesons Stephen Jaques has assisted Telstra winning significant regulatory rollback from the ACCC.
China's merger control laws - an event of Olympic proportions - 22 August 2008
China’s new Anti-Monopoly Law (AML), including its new merger control regime, recently came into effect. Under the new merger control regime, transactions that meet specified turnover thresholds must be notified to, and cannot be closed until they are cleared by, the Chinese merger control authority.
The National Consumer Framework - 15 August 2008
On Friday 15 August 2008 a national consumer law was endorsed in a joint communiqué released by the Ministerial Council on Consumer Affairs (MCCA). The MCCA’s joint communiqué promotes the key recommendations of the Productivity Commission’s Review of Australia’s Consumer Policy Framework.
Key findings of the ACCC's grocery inquiry - 6 August 2008
The ACCC’s Report of its inquiry into the competitiveness of retail prices for standard groceries (Report) was publicly released 5 August 2008. The Report took into account 265 public submissions and extensive information, data and documents from industry participants including Coles and Woolworths.
Productivity Commission Review of Australia's consumer policy framework - 14 May 2008
The Productivity Commission (Commission) released its final Report - Review of Australia’s Consumer Policy Framework (Report) on 8 May 2008. The Report contains responses to the public submissions invited in November 2007.
ACCC draft decision to grant Telstra exemption applications - 30 April 2008
The Australian Competition and Consumer Commission (ACCC) has made a draft decision to exempt Telstra from its obligation to supply the wholesale line rental service (WLR) and local carriage service (LCS) within 229 exchange service areas (ESAs) in metropolitan Australia.
Bye Bye Birdsville - 28 April 2008
On Monday 28 April 2008, the Rudd Government followed through with its pre-election promise by announcing a series of proposed amendments aimed at protecting small business from anti-competitive conduct.
China publishes draft filing obligations for merger control regime - 3 April 2008
In preparation for its first Anti-Monopoly Law (AML), which will take effect on 1 August of this year, the State Council of the People’s Republic of China has released draft Implementing Regulations for public consultations.
Proposed changes to component pricing - 2 April 2008
On 30 March 2008, the Minister for Competition Policy and Consumer Affairs unveiled a proposed amendment to the Trade Practices Act 1974 (TPA) relating to the use of component pricing in consumer advertising. If passed, the proposed changes will affect consumer advertising across the board.
Competition Quarterly Update - February 2008
Hitting home- extradition for cartel criminals / The exposure draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 would allow persons in Australia to be extradited to a foreign country for trial under the laws of that foreign country for criminal cartel conduct.
ACCC releases new draft merger guidelines 2008 - Safe harbours and first ports of call - 14 February 2008
On 8 February 2008, the ACCC released its Draft Merger Guidelines 2008 for public consultation. The new guidelines will replace the original Merger Guidelines issued in 1999.
Too green to be true? The ACCC's investigation into carbon neutral claims – 5 February 2008
On 16 January 2008, the ACCC released an Issues paper entitled “The Trade Practices Act and carbon offset claims”.
Oil Over Troubled Water – The Petrol Inquiry – 22 January 2008
On 18 December 2007, the ACCC publicly reported on its inquiry into the cost of petrol in Australia.
Cracking Cartels - Kevin Contemplates The Clink - 15 January 2008
On Friday 11 January 2008, Chris Bowen, the new Assistant Treasurer and Minister for Competition Policy, released the exposure draft Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008 to criminalise serious cartel conduct for public comment.
Competition Quarterly Update - November 2007
On 27 July 2007 Justice Sackville delivered his reasons for judgment in one of the largest cases in Australian legal history, finding against the applicants, Seven Network Limited and C7 Pty Limited (together ‘Seven’) on all claims: Seven Network Limited v News Limited [2007] FCA 1062.
Proposed transmission and generation cross ownership rules - 18 October 2007
The Ministerial Council on Energy released a Regulatory Impact Statement on 16 October 2007 with specific recommendations to maintain separation between generation and transmission activities.
Pricing and bundling in the spotlight - 16 October 2007
Courts, regulators and governments alike are showing increasing vigilance towards certain business practices of corporations with a strong market position.
India's New Competition (Amendment) Bill 2007 - 5 October 2007
Both Houses of Parliament in India have passed the Competition (Amendment) Bill 2007. After the bill receives Presidential Assent it will be mandatory for entities to notify the Competition Commission of India (CCI) of qualifying mergers and acquisitions and wait for approval before completing the transaction.
High court endorses need for regulatory certainty in access regulation - 11 October 2007
On 27 September 2007 the High Court of Australia handed down a decision in East Australian Pipeline Pty Limited v ACCC [2007] HCA 44 (EAPL v ACCC), finding against the ACCC.
Parliament poised to amend Section 46 to prohibit predatory pricing - 14 September 2007
The Federal Government has approved further amendments to section 46 of the Trade Practices Act 1974 (Cth) (TPA) which will introduce a new prohibition in Part IV of the TPA, aimed at targeting predatory, below-cost pricing.
China passes Anti-Monopoly Law - 31 August 2007
The National People's Congress today finally passed China's first anti-monopoly law after over a decade of drafts and debates. The law will take effect on 1 August, 2008.
Competition Quarterly Update - August 2007
High Court rejects derivative Crown immunity for companies dealing with State procurement entities: ACCC v Baxter [2007] HCA 38.
Amendments to Trade Practices Act introduced into Parliament - 20 June 2007
The Federal Government has introduced legislation into Parliament today to amend Australia’s Trade Practices Act. The proposed amendments represent one of the final tranches of changes following the reports of the Dawson Committee and the Senate Economics Committee.
A lack of understanding: ACCC fails in price fixing case - 1 June 2007
On 29 May 2007 the Australian Competition and Consumer Commission failed in its bid to have eight Geelong petrol retailers found guilty of price-fixing by the Federal Court.
Competition update - 28 February 2007
This update focuses on cartels and the ACCC's immunity policy, it considers the possibility of facing a damages action if you apply for immunity and covers five things you need to know about cartels.
Competition update - 30 November 2006
This update looks at giving undertakings to the ACCC in merger reviews, gives you a refresher on bait advertising, considers recent international news, notes some of our recent publications, and looks at five things you need to know about joint ventures.
Consumer Affairs Victoria taskforce cracks down on unfair terms in consumer contracts - 28 November 2006
Consumer Affairs Victoria (CAV) has reviewed many gift voucher and loyalty programs to ensure that they comply with the unfair terms provisions of the Victorian Fair Trading Act 1999. With this increased vigilance in reviewing consumer contracts and a willingness to take action, companies may want to audit their consumer contracts, including any terms and conditions of loyalty or bonus schemes.
The new formal merger clearance process available for complex mergers - 23 November 2006
Last months amendments to the Trade Practices Act introduced a new option of seeking a formal clearance of a merger. Although the option offers some advantages, you will need to carefully consider when to use the new formal merger process.
The Dawson Bill - Amendments to the Trade Practices Act 1974 - 20 October 2006
Long-awaited reforms to the Trade Practices Act 1974 have cleared both Houses of Parliament. New processes for merger clearances and authorisations have been created, collective bargaining and joint venture procedures have been liberalised and the ACCC's enforcement powers have been strengthened.
Key media ownership reforms passed - 18 October 2006
On 18 October 2006, the Australian Parliament passed the three key pieces of legislation that make up the Governments media reform package. The Government stated that the new regime would allow Australia to prepare for and respond to a media environment that faces dramatic change in the availability of communication platforms. The legislation will become law once Royal Assent is given (expected shortly). The media ownership changes will take effect on a date to be proclaimed some time in 2007.
Competition update - 16 August 2006
This update examines whether failing to disclose information in the course of commercial negotiations can be misleading or deceptive conduct in breach of section 52 of the TPA. The update also highlights the trade practices risks inherent in dealing with competitors. And we look at five things you need to know about expert witnesses in the Federal Court.
More energy reform - poles apart? - 19 July 2006
On 6 July 2006, the Energy Reform Implementation Group (ERIG) released an issues paper which explores further energy reform in the areas of electricity transmission, energy market structure and energy financial markets. Submissions are due by Friday, 4 August 2006.
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