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Lisa Huett  
Partner
T +61 3 9643 4163

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Sydney
Sharon Henrick  
  Trish Henry  
  Tony O'Malley  
 

Melbourne
Amanda Bodger  
  Caroline Coops  
  Andrew Monotti  
  Roger Featherston    

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In this section we note some recent publications by Mallesons.

ACCC releases final version of new Merger Process Guidelines

Our Competition Law Alert of 30 June 2006 highlights the main features of the new Merger Review Process Guidelines issued by the ACCC. It includes a discussion of the confidential merger informal clearance process and timelines, and identifies the key issues which the Merger Review Process Guidelines are likely to present for business.

Hard liquor: the Federal Court decision in ACCC v Woolworths

Our Competition Law Alert of 12 July 2006 summarises the Federal Court’s decision, which highlights the risks inherent in any dealings with competitors, and emphasises the need to exercise caution when operating within regulatory or licensing regimes that also affect competitors.

Government announces new media framework

Our Competition Law Alert of 13 July 2006 reports on the Government’s announcement of a new media framework for Australia. The announcement followed four months of consultation with industry and other stakeholders since the Government’s proposals for media reform were announced in March 2006. Legislation is expected to be introduced in the 2006 Spring sittings of the Federal Parliament (8 August to 7 December 2006).

Energy (electricity) reform - the whole shocking story

Our Competition Law Alert of 19 July 2006 outlines the Energy Reform Implementation Group (ERIG) issues paper that explores further energy reform in the areas of electricity transmission, energy market structure and energy financial markets. The issues paper foreshadows the possible introduction of special “cross-ownership rules” governing the structure of the electricity industry and (somewhat surprisingly) the gas industry to supplement the operation of the TPA. ERIG will seek to progress energy reform proposals for consideration by the Council of Australian Governments (COAG) in early 2007.

The risk of extradition in a global economy: NatWest and Bermingham & Ors v Dire

Our Dispute Resolution Law Alert of 18 July 2006 discusses a case which demonstrates the extraterritorial reach of the criminal law and operation of the extradition laws. Business people around the world need to carefully consider the implications of their actions in this age of email, videoconferencing and an increasingly global economy.

Dilution Down Under: the protection of well-known trade marks in Australia

This article, published in the European Intellectual Property Review, considers the extent to which Australian law provides an anti-dilution remedy for the protection of well-known trade marks.

Corporate class actions in Australia

This article, delivered at the CCLSR Twilight Seminar 2006, provides a comprehensive review of the increasing trend towards Australian corporate class actions.

Chop and change: contractual severability and the TPA

This article by Peta Stevenson (Senior Associate) and Nicholas Lingard (Law Graduate), was published in the Australian and New Zealand Trade Practices Law Bulletin. It reviews the recent High Court decision in SST Consulting Services Pty Ltd v Rieson [2006] HCA 31 (15 June 2006). This case has opened the way for easier severance of provisions in contravention of the TPA and thereby easier enforcement of non-offending clauses of contracts.

Australian Master Trade Practices Guide

Dave Poddar (Partner) and Kate Newman (Senior Associate) have authored the chapter on Mergers and Acquisitions in the Australian Master Trade Practices Guide, recently released by CCH. The Australian Master Trade Practices Guide is designed to be a concise reference point on Australian competition law for lawyers, accountants, business people and business advisory professionals. The book was launched at Mallesons by the ACCC Chairman on 10 August 2006.