Our experienced Competition Law legal team regularly publishes articles and updates - the full list of publications appears below. We profile some key cases and review recent findings of the Australian Competition & Consumer Commission (ACCC). If you'd like to be notified when we add new competition law publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Allens Arthur Robinson has wide-ranging competition experience through its involvement in several landmark matters. Read about our impressive track record in competition law.
- 24 August 2010
Focus: ACCC issues its first warning noticeThe Australian Competition and Consumer Commission has recently issued its first Public Warning Notice for misleading claims in advertisements. Partner Wendy Peter and Senior Associate Alexander Gelis report on the first time this power has been exercised, following its introduction as part of the Australian Consumer Law amendments to the trade practices legislation
- 06 August 2010
Competition & Consumer Law QuarterlyWelcome to the first edition of the Allens Arthur Robinson Competition & Consumer Law Quarterly newsletter
- 23 July 2010
Focus: National access regime amendedAmendments to the national access regime set out in the Trade Practices Act 1974 (Cth), designed to reduce delay, increase certainty for facility owners and access seekers, and streamline administrative processes, commenced on 14 July 2010. The Act also introduces a new option for proposed facilities to be excluded from the regime. Partner Jacqueline Downes, Senior Associate Verity Quinn and Lawyer Rosannah Healy report
- 19 May 2010
Focus: UK's first contested criminal cartel prosecution collapsesRecently, the first contested cartel case brought by the United Kingdom's competition regulator against British Airways executives collapsed, following the recovery of previously undisclosed materials held by the leniency applicant, Virgin Atlantic Airlines.The executives facing criminal cartel charges were acquitted in a major setback for the regulator, and Virgin's immunity from penalties as the whistleblower is now under review. In Australia, there have been no criminal cartel prosecutions since cartel conduct was criminalised in July last year, but the UK experience demonstrates some of the potential pitfalls for immunity applicants and prosecuting authorities.Partner Wendy Peter, Senior Associate Verity Quinn and Lawyer Jane Rennie report
- 14 April 2010
Audio: Mergers facing more rigorous ACCC investigationThe Federal Government has recently made comments about Australian companies becoming too big through merger consolidation, while at the same time the Australian Competition and Consumer Commission has rejected a high number of mergers. Partner David Brewster speaks to Boardroom Radio about the current landscape for mergers in Australia and the impact of recent changes to other competition laws, including new consumer and anti-cartel laws
- 23 March 2010
Focus: Australian Consumer Law Bill passed by ParliamentThe Trade Practices Amendment (Australian Consumer Law) Bill 2009 was passed by both Houses of Parliament last week. The Bill, which is the first phase of the Australian Consumer Law, introduces an unfair contracts regime and additional enforcement remedies. The regime will commence on 1 July 2010 if it receives royal assent by that date; otherwise it will commence on a date to be fixed by proclamation or six months from royal assent. Partner Jacqueline Downes and Senior Associate Caterina Cavallaro report
- 05 March 2010
Focus: Changes to unconscionable conduct laws and Franchising Code of ConductThe Federal Government has released the report of the expert panel appointed to examine proposals for regulation of the unconscionable conduct provisions in the Trade Practices Act 1974 (Cth), and agreed to clarify the provisions, and consider amending the Franchising Code of Conduct to require greater disclosure about franchise agreements and their risks. Partners Carolyn Oddie and Tim Golder and Senior Associates Robyn Chatwood and Alexander Gelis report
- 11 January 2010
Focus: The new Australian Consumer Law and funds managementPartner Susan Burns and Lawyer David Marcus consider how the proposed Australian Consumer Law will affect managed fund products.
- 15 December 2009
Audio: UK insurance reforms releasedDraft legislation to reform the UK's insurance contract law has been published, which could have considerable significance for the UK insurance market and for international markets that have dealings with it. Senior Associate Philip Hopley speaks to Boardroom Radio about the details of the draft legislation
- 26 November 2009
Audio: ACCC raids to increaseThe Australian Competition and Consumer Commission may conduct more raids of businesses under anti-cartel laws. Allens Partner Wendy Peter speaks to Boardroom Radio about the steps businesses should take if they are the subject of a raid
- 10 November 2009
Focus: Proposed amendments to the National Access RegimeThe Government has introduced a Bill to amend the National Access Regime that is aimed at improving regulatory certainty and streamlining administrative processes. Partner Jacqueline Downes and Lawyer Rebecca Cope explain.
- 02 November 2009
Client Update: Government moves to amend unfair contract terms legislationThe Federal Government has tabled in the Senate material changes to the regulation of unfair contract terms in consumer contracts. Partner Catherine Parr reports
- 28 October 2009
Focus: Telecommunications reform clears next hurdle - but not out of the woodsA Senate committee report, has recommended that the government's proposed Bill on telecommunications industry changes be passed without delay to help reduce regulatory uncertainty in the industry. Partner Ian McGill and Lawyers Valeska Bloch and Chris Govey summarise the committee's conclusions
- 24 September 2009
Audio: Unfair terms regime for insurance contractsThe Senate Economics Committee has recently handed down its report on the Trade Practices Amendment (Australian Consumer Law) Bill 2009, which recommended strengthening consumer protections in insurance contracts. Partner John Morgan speaks to Boardroom Radio about the potential impact of the Committee's recommendations on insurers
- 30 July 2009
Focus: Government seeks comment on consumer rightsThe Federal Government has released an issues paper, Consumer rights: Statutory implied conditions and warranties, to seek comment on the adequacy of the current laws on implied conditions and warranties. Partner Jacqueline Downes, Special Counsel Nicola Nygh and Law Graduate James Kerr report
- 17 July 2009
Audio: ACCC guidance on cartel prosecutionsWith the new cartel offences in the Trade Practices Act 1974 (Cth) becoming effective on 24 July 2009, the Australian Competition and Consumer Commission has released new guidelines on its approach to cartel investigations. Partner David Brewster speaks to Boardroom Radio about the guidelines and the implications for business
- 02 July 2009
Audio: New Australian Consumer LawThe highly anticipated Bill for the new national Consumer Law was introduced into Federal Parliament. Partners Jacqueline Downes and Catherine Parr speak to Boardroom Radio about the details of the Bill
- 01 July 2009
Focus: National Consumer Credit Protection Reform Package introducedThe core legislation for the National Consumer Credit Reform Package was introduced into Federal Parliament last week. Partner Catherine Parr and Senior Associate Cameron Ball report
- 30 June 2009
Client Update: Criminal cartel legislation receives Royal AssentThe Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) has received Royal Assent, with most of the operative provisions of the Act commencing on 24 July 2009. Partner Wendy Peter and Lawyer Alexander Gelis report
- 26 June 2009
Focus: Australian Consumer Law BillThe first step in the establishment of a uniform national consumer law was taken on 24 June 2009 with the introduction into Parliament of the Trade Practices Amendment (Australian Consumer Law) Bill 2009. The Bill will introduce a single national consumer law (to be known as the Australian Consumer Law), which includes provisions regulating unfair contract terms. Partner Jacqueline Downes and Lawyer Alexander Gelis report
- 24 June 2009
Client Update: Single national consumer law legislationThe Trade Practices Amendment (Australian Consumer Law) Bill 2009 was introduced into Parliament today. The Bill will introduce a single national consumer law (to be known as the Australian Consumer Law), as well as a national unfair contract terms law. Partners David Brewster and Jacqueline Downes and Lawyer Alexander Gelis report
- 17 June 2009
Focus: Criminal cartel legislation passed by ParliamentThe Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) was passed by both Houses of Parliament this week. Most operative provisions of the Act, which introduces new civil and criminal offences, will come into effect 28 days after it receives Royal Assent. Partner Wendy Peter and Lawyer Alexander Gelis report
- 15 May 2009
Focus: Introduction of new component pricing lawsNew component pricing legislation, which will significantly affect how price representations are made to consumers, will take effect on 25 May 2009. The Australian Competition & Consumer Commission has also issued general guidelines and industry-specific guidelines to assist with compliance. Partner Jacqueline Downes and Law Graduate James Kerr report on this significant legislative development
- 25 March 2009
Focus: PRC Ministry of Commerce rejects takeover as anti-competitiveFor the first time, the PRC Ministry of Commerce has rejected a proposed acquisition under the PRC's competition regulations. The proposed takeover by Coca-Cola of Hong Kong-listed China Huiyuan Juice Group Limited was rejected on the grounds that it would contravene the PRC Anti-Monopoly Law by adversely affecting competition in the PRC fruit juice beverage market. Partners Campbell Davidson and Carolyn Oddie outline the key features and ramifications of this announcement
- 26 February 2009
Paper: A practical insight into cross-border Cartels & LeniencyCompetition Law Partners Wendy Peter and Fiona Crosbie discuss the legislative framework of the Cartel Prohibition
- 08 December 2008
Focus: Competition LawThere have been several Australian developments during the past week in relation to the criminalisation of cartel conduct. As Partner Wendy Peter and Articled Clerk Tim Maxwell report, the ACCC, Commonwealth DPP and Federal Government have each taken action
- 28 November 2008
Focus: Competition LawThe Senate this month passed the Federal Government's legislation to clarify component pricing laws. Partner David Brewster and Lawyer Adel Mohamed report on the amending Bill
- 24 November 2008
Focus: Competition LawThe Australian Competition and Consumer Commission has issued its revised Merger Guidelines 2008. Released on 21 November, the Guidelines replace the ACCC's 1999 Merger Guidelines. Partner Fiona Crosbie and Senior Associates Charles Coorey and Helen Anness report
- 29 October 2008
Focus: Competition LawThe Federal Government has released the final draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 which it intends to introduce into Parliament later this year and aims to have passed by early 2009. Partner Wendy Peter, Senior Associate Kylie Virtue and Articled Clerk Tim Maxwell report
- 17 September 2008
Focus: Competition LawThe Full Federal Court has handed down its much awaited decision in Baxter concerning bundling practices. Partner Jacqueline Downes, Lawyer Liana Crowne and Law Graduate James Greenwood report
- 19 August 2008
Focus: China - Competition LawThe PRC State Council has set the thresholds for when notification is required of mergers and acquisitions under China's new Anti-Monopoly Law, which came into effect on 1 August 2008. Partner Nigel Papi and Senior Associates Ross Keene and Katherine Yu discuss the new thresholds and other issues in relation to the review of mergers and acquisitions under the new law
- 04 August 2008
Client Update: China - Competition LawOn 1 August 2008, China's Anti-Monopoly Law came into force. Its key provisions will be broadly familiar to businesses operating in Australia, Europe and the USA in that it prohibits anti-competitive ('monopoly') agreements and abuse of a dominant market position, and requires notification of mergers and acquisitions ('concentrations') that meet certain thresholds. However, the Chinese Government is yet to release regulations or final guidelines on a number of aspects of the law that require clarification
- 29 July 2008
Focus: Climate ChangeThe ACCC has released a guideline, Carbon claims and the Trade Practices Act, that is intended to inform both the providers and users of carbon offsets of their obligations under the Trade Practices Act 1974 (Cth) where they make claims based on those carbon offsets. Partner Grant Anderson and Lawyer Adam Ross report
- 07 July 2008
Focus: CompetitionThe Federal Government has introduced into Parliament further amendments to the Trade Practices Act 1974 (Cth). Among these changes are proposed amendments to the existing predatory pricing laws that were introduced in late 2007. Partner David Brewster and Lawyer Adel Mohamed report
- 06 May 2008
Focus: Competition LawThe Victorian Civil and Administrative Tribunal has delivered the first significant decision on the 'unfair contract' provisions of the Fair Trading Act 1999 (Vic). Partner David Brewster and Articled Clerk Georgie Korman report
- 11 April 2008
Focus: Competition LawThe Federal Government has released for public consultation a revised Trade Practices Amendment (Component Pricing and Other Measures) Bill 2008, which would require corporations to specify, in a prominent way, a single price for goods and services. Partners Carolyn Oddie and Jacqueline Downes, and Law Graduate James Greenwood report
- 12 February 2008
Focus: Competition LawThe ACCC has released for public consultation its much anticipated Draft Merger Guidelines 2008. This is the first update since publication of the 1999 merger guidelines. Partners David Brewster and Jacqueline Downes and Lawyer Helen Anness report
- 18 January 2008
Focus: Competition LawThe Federal Government has released the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 for public comment. The draft Bill proposes two new criminal offences to deal with serious cartel conduct. Partner David Brewster, Lawyer Helen Anness and Law Clerk Maya Tal report
- 03 October 2007
Focus: EnergyThe High Court of Australia has held unanimously that the Australian Competition and Consumer Commission had acted incorrectly and unreasonably in adopting its own methodology for determining the value of the Moomba-Sydney gas transmission pipeline. Partner David Maloney and Lawyer Andrew Daly consider the decision
- 21 September 2007
Focus: China - Competition LawThe People's Republic of China Anti-Monopoly Law was passed by the Standing Committee of the National People's Congress on 30 August 2007 (having been under consideration for 13 years) and will come into force on 1 August 2008. Although anti-competitive conduct is already subject to a degree of regulation in the PRC by different agencies and under different laws, the new law sets out a broader definition of monopolistic conduct and creates a commission to oversee this area.
- 18 September 2007
Focus: Competition LawOn 11 September 2007, the Federal Government introduced into parliament further amendments to the Trade Practices Act 1974 (Cth). The further amendments introduce a new prohibition that applies specifically to below-cost pricing for anti-competitive purposes (also known as 'predatory pricing'). Partner Wendy Peter and Lawyer Alistair Newton report on the implications of these changes for business
- 14 September 2007
Focus: Competition LawIn a 6:1 decision, the High Court has made it clear that 'derivative Crown immunity' may no longer protect a corporation from liability under the Trade Practices Act 1974 (Cth) for anti-competitive conduct when it is negotiating or contracting with government. Partner Fiona Crosbie and Senior Associate Kylie Virtue report
- 25 July 2007
Focus: SingaporeThe merger provisions of the Competition Act (Chapter 50B) of Singapore came into force on 1 July this year. Allens Arthur Robinson TSMP Director Stefanie Yuen Thio and Allens Arthur Robinson TSMP Partner Robert Clarke and Lawyer Brooke Nicholls look at some of the key features.
- 26 June 2007
Focus: Competition LawOn 20 June 2007, the Federal Government introduced into parliament a Bill to amend the Trade Practices Act 1974 (Cth) to provide better protection for small business from misuse of market power and unconscionable conduct. Partner Wendy Peter and Lawyer Alistair Newton consider the implications of these changes
- 07 June 2007
Focus: Competition LawThe Federal Court has handed down a much-publicised judgment in ACCC v Leahy Petroleum Pty Ltd & Ors 2007 FCA 794, which cleared a group of petrol retailers of price fixing in the Geelong area of Victoria
- 01 June 2007
Focus: Communications, Media & TechnologyThe Australian Communications and Media Authority's Media Diversity Report was published on 30 May 2007. It sets out details of the ownership of the regulated media platforms in each commercial radio licence area in Australia and it provides details about the points regime that is central to the administration of the new media ownership laws that came into force on 4 April 2007. Partner Ian McGill reports
- 08 December 2006
Focus: Mergers & AcquisitionsRecent changes to Australia's foreign investment policy mean that foreign investors will face a lower regulatory burden when undertaking takeovers or reconstructions involving small-to-medium Australian businesses. Partner Wendy Rae and lawyer Damian Jacobs consider the impact of these changes
- 23 November 2006
Focus: Private EquityThe US Department of Justice has begun an investigation into the conduct of private equity firms in the United States and whether their participation in 'club' deals is potentially anti-competitive. Partner Carolyn Oddie discusses the key aspects of these investigations and the implications for Australian consortium participants
- 19 October 2006
Focus: Competition LawPartner David Brewster and Lawyers Andrew North and Emma Leske examine the Trade Practices Legislation Amendment Bill (No 1) 2005 that was passed today by the Federal Parliament
- 08 September 2006
Focus: Infrastructure AccessThe Trade Practices Amendment (National Access Regime) Act 2006 amends the current national access regime in Part IIIA of the Trade Practices Act 1974 . Partner David Brewster and Lawyers Charles Coorey and Emma Leske summarise the key provisions of the amending Act and the impact these amendments will have on access-seekers, access-providers and investors
