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In this section we note some recent alert and article publications by our Competition group. The alerts can be found in their entirety on our competition publications page
ACCC issues immunity policy for cartel conduct to replace leniency policy
Our Competition law alert of 31 August 2005 examines the ACCC's new policy which provides for immunity from civil prosecution for cartel conduct. The alert also explains the eligibility requirements for such immunity.
In-house privilege and Vance v McCormack - a privilege or a right?
Our Dispute resolution alert of 24 August 2005 provides an important post-script to the "5 things you need to know…" article on legal professional privilege in our May 2005 Competition law update. In that article we referred to the decision of Vance v McCormack. The alert explains that the judgment was appealed to the ACT Court of Appeal, which appeared to favour the view that under the common law, the holding of a practising certificate is not definitive regarding legal professional privilege. For more information on this judgment see the In Brief section of this update.
If you would like copies of any of the following articles, please contact jacki.cremer@mallesons.com
Merger regulatory strategy in a post-Dawson merger system
This article summarises the key changes proposed in the 2005 Dawson Bill. It explains the range of regulatory alternatives under the proposed new system and suggests the appropriate courses for complex and less complex matters with both high and low risk of ACCC objection.
Telecoms: lessons from the Australian experience
This article outlines the historic reforms to the Australian telecommunications sector and notes that with the August 2005 regulatory package, the Government appears to be moving towards a more heavy-handed regulatory approach notwithstanding international deregulatory trends.
New cartel immunity policy: a rush to the gate and first in, best confessed
These articles describe the ACCC's new immunity policy for cartel conduct. They detail the main features of the new policy, including the single level immunity, "marker" policy, hypothetical approaches to the ACCC and explain the concept that there is only one guaranteed immunity from the threat of an action for cartel conduct.
Merger control worldwide
This new two volume work by Cambridge University Press contains a comprehensive overview of the competition regulation of mergers in 64 jurisdictions around the world. Mallesons was involved in writing the Australian and New Zealand chapters of this work.