Competition Quarterly Update - August 2009
Kalamari or Calamari? New ACCC food labelling guide - 26 June 2009
A new Food labelling guide has recently been released by the ACCC which sets out its views about misleading ingredients related claims on food and beverage labels. The ACCC is particularly concerned about labels that may give the impression that a particular ingredient is a predominant ingredient in the product, but these views are currently untested.
Unfair terms Bill introduced into Federal Parliament - 24 June 2009
The Minister for Competition Policy, Craig Emerson, today introduced the much-anticipated Trade Practices Amendments (Australian Consumer Law) Bill 2009 (Bill) into Federal Parliament.
No Sweet Reward for Mars - 12 June 2009
The Federal Court has dismissed a case brought by well known confectionary company Mars against an Australian confectionary importer and distributor, Sweet Rewards (Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 606). Mallesons acted for Sweet Rewards in defending Mars’ complaints about the packaging of a chocolate coated malt ball product known as ‘Malt Balls’, which it alleged was too similar to the packaging of its popular Maltesers products.
Protecting a “Monster” reputation - 19 November 2008
The Full Federal Court of Australia has delivered a significant case on brand reputation in the context of “lookalike” products and famous brands. In Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCAFC 181, the Court allowed an appeal by the overseas owner of the “Monster Energy” energy drink brand in its case against an Australian copycat rival.
Use it or lose it - 1 July 2008
The Federal Court recently handed down its decision in a landmark trade mark case involving E&J Gallo Winery and Lion Nathan. The decision is a timely warning to international trade mark owners to use their trade marks in Australia or risk losing them.
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.
Full Federal Court overturns IceTV decision - 12 May 2008
The Full Court of the Federal Court has overturned the first instance decision of Bennett J in Nine Network Australia Pty Limited v IceTV Pty Limited [2008] FCAFC 71, finding that IceTV infringed compilation copyright in the weekly television schedules prepared by Nine in reproducing program titles and times in its electronic programming guide (EPG). This decision signals a warning against the use of information contained in a compilation copyright work.
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.
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.” The paper identifies particular types of claims as to carbon neutrality in advertising that the ACCC considers to be problematic for the purposes of Part V of the Trade Practices Act 1974 (TPA).
Competition Quarterly Update - November 2007
The C7 decision and mega-litigation: Kerry Stokes says ‘game on’ to rivals / Developments in access regulation / International news / Five things you need to know about below cost pricing / In brief / Our publications.
Competition Quarterly Update - August 2007
High Court rejects derivative Crown immunity for companies dealing with State procurement entities: ACCC v Baxter [2007] HCA 38 / New Amendments Allow ACCC to Share Information / International news / Our publications / Five things you need to know about collective bargaining / In brief.
Federal Court Upholds Xenical Advertising Ban – 3 September 2007
On Thursday the Federal Court upheld the decision of the National Drugs and Poisons Schedule Committee banning direct-to-consumer advertising of Xenical, Roche's obesity drug. The Court held that the nature of the advertising of Xenical and the intense criticism of the advertising run during the 2006 season of Australian Idol were properly considered by the Committee when deciding whether the drug may be advertised directly to consumers.
ANZTPA on the backburner - New Zealand says “No” - 17 July 2007
The New Zealand government announced that the joint regulatory scheme and establishment of ANZTPA has been postponed. The main issue of contention was the inclusion of complementary medicines in the scheme.
Medicines Australia Code of Conduct - New Reporting Requirements- 2 July 2007
The Australian Competition Tribunal imposed special conditions on its authorisation of the Medicines Australia Code of Conduct, to require public disclosure of hospitality given to healthcare professionals.
Intellectual property update - May 2007
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