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.
- 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
- 17 August 2006
Focus: Competition LawIn an important policy statement on media mergers, the Australian Competition and Consumer Commission has indicated that the established demarcation of media markets is declining in relevance. Instead, the supply and acquisition of content will be the ACCC's principal focus. Senior Associate Jacqueline Downes discusses the ACCC's new approach
- 21 July 2006
Focus: Competition LawThe Hong Kong Competition Policy Review Committee recently issued its report and recommendations on Hong Kong's competition policy, as Partner, Simon McConnell and Senior Associate, Daniel Yeo report
- 19 July 2006
Focus: Competition LawOn 30 June 2006 the Queensland Competition Authority approved the recently submitted Queensland Rail draft access undertaking. Lawyer John Hedge reviews some of the major changes for access seekers, access holders, and end customers (particularly coal miners) between the approved 2006 access undertaking and the previous 2001 access undertaking
- 28 June 2006
Client update: Competition LawThe ACCC's new Merger Review Process Guidelines settles the processes it will follow when considering confidential and non-confidential mergers. Partner Fiona Crosbie and Senior Associate Jacqueline Downes report
- 16 February 2006
Trade Practices NewsletterThe year 2005 was alive with trade practices news. We review the major trade practices developments that took place, and which are likely to affect businesses Australia-wide
- 27 October 2005
Focus: Competition LawThe ACCC's new immunity policy goes further than its previous leniency policy by 'dangling a carrot' of full immunity in front of cartel members by allowing the first member to confess its conduct to the ACCC to avoid harsh penalties. Lawyer Glenn Shewan and Partner Carolyn Oddie explain
- 21 July 2005
Focus: Competition LawA recent Federal Court decision expresses concern over bundled discounts in some circumstances. Partner Fiona Crosbie and Lawyers Jeremy Loeliger and Dylan Matthews report
- 12 July 2005
Focus: InfrastructureThe Commonwealth Government has proposed a set of reforms to the national access regime for essential infrastructure facilities. Senior Associate Louise Thomson and Lawyer Anne Tyedin look at these reforms
- 04 November 2004
Focus: Competition LawThe ACCC's new Guideline for Informal Merger Review is intended to make the informal merger clearance process more open and informed. Understanding and giving effect to the Guideline's requirements will be critical to gaining the ACCC's informal clearance for a merger in a timely manner. Senior Associate Emma Marsh and Lawyer Yvonne Schmaedeke report
- 14 October 2004
Focus: Competition LawSenior Associates Kylie Virtue and Jacqui Downes report on a recent High Court decision with trade practices implications for government authorities
- 18 August 2004
Focus: EnergyLawyer Mark Richards summarises the key findings and recommendations of the Productivity Commission's review. Significant changes from the recommendations made in the draft report are also highlighted
- 25 June 2004
Focus: Competition LawPartner Louise Benjamin and Lawyer Belinda Hollway examine the Trade Practices Legislation Amendment Bill that was introduced into the House of Representatives on 24 June 2004
- 15 June 2004
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature articles: The rise of obesity, mortality and life-insurance premiums; CoOL news from Food Standards Australia New Zealand
- 16 April 2004
Focus: Competition LawA recent Federal Court decision in a case concerning a selective distribution policy has brought into sharp focus the need for such policies to be implemented with caution. Partner David Brewster and Articled Clerk Peter Haig examine the implications
- 04 March 2004
Focus: Trade PracticesPartner Louise Benjamin and lawyers Chris Bacon and Verity Quinn discuss the more controversial recommendations of the recent Senate Economics References Committee report, which unanimously concluded that the Trade Practices Act needs amending to protect small businesses from anti-competitive conduct
- 01 March 2004
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature articles: The US-Australia Free Trade Agreement; Fast food marketers spared the force of law; and 'Booze' biscuits spark public outrage
- 13 February 2004
Focus: Free Trade AgreementThe recently announced agreed text of the Free Trade Agreement between the United States and Australia has major implications for the sectors of the Australian economy and society that focus on intellectual property, telecommunications, media, entertainment and electronic commerce. Partner Paul Zawa and Senior Associates Raani Costelloe, John Dieckmann and Rachel Nemes report.
- 06 February 2004
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature articles: Non-culinary herbs in food, the issues of bioterrorism, and tougher NSW food legislation
- 22 December 2003
Focus: Competition LawThe Federal Court's declaration that AGL's acquisition of a 35 per cent stake in the Victorian Loy Yang A power station is unlikely to substantially lessen competition has immediate implications for the electricity industry and broader relevance for the Australian business community. Partner David Brewster and Senior Associate Beth Griggs report
- 12 December 2003
Focus: Trade PracticesThe High Court's decision in Rural Press Limited v Australian Competition and Consumer Commission, handed down on 11 December, has important implications for companies entering into market-sharing arrangements. Lawyer Jared Cowie examines the ruling, which is the latest in a line of High Court decisions dealing with exclusionary provisions, anti-competitive agreements and misuse of market power
- 15 October 2003
Focus: Competition LawThe recent High Court decision in the Visy case highlights the potential trade practices risks associated with actual or proposed purchase or supply arrangements between companies that are also competitors or potential competitors. Senior Associate Melissa Randall and Lawyer Dana Wintermantel examine the High Court's decision
- 08 October 2003
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature article: From junk food to junk lawsuits
- 10 September 2003
Focus: Competition LawA recent ruling in the long-running anti-competition case against Universal Music Australia can be seen as both a win and a loss for the ACCC. Lawyer Jeremy Chase looks at the final Federal Court ruling
- 14 August 2003
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature: Is fast food the new tobacco?
- 13 August 2003
Focus: Trade PracticesThe High Court today has overturned an earlier decision of the Full Federal Court that had the potential to expand significantly the operation of the prohibition on exclusionary provisions, particularly in the area of joint ventures. The High Court decision helps to clarify this important area of the law. AAR's Competition Law Group examine today's ruling
- 12 August 2003
Focus: Competition LawThe majority of the Full Court of the Federal Court recently held that Safeway had misused its market power by refusing to stock bread made by manufacturers that were supplying independent retailers at low prices. The Full Court also unanimously held that Safeway had engaged in price-fixing with a bread manufacturer. Senior Associate Beth Griggs and Lawyer Frances Gordon examine the Full Court's decision
- 31 July 2003
Focus: FoodWelcome to AAR's update on food legislation, policy, news and cases. Feature: Organic and GM Foods - Food Regulations Conference
- 22 July 2003
Focus: Competition LawThe ACCC has finally issued its leniency policy, giving conditional immunity to whistleblowers of cartel conduct such as price fixing, bid rigging and market sharing. Senior Associate Jacqueline Downes explains how it works
- 13 June 2003
Focus: Trade PracticesA recent High Court ruling has shown that prosecuting a case of unconscionability outside the auspices of the Trade Practices Act may be more difficult than previously thought. Partner Professor Bob Baxt and Law Clerk Elizabeth Bennett review the Berbatis case and its implications
- 16 April 2003
Striking the right balance: Business will welcome the Dawson ReportThe Government's release of the much awaited report from the Dawson Committee's review of Part IV of the Trade Practices Act will be warmly welcomed by most sections of the business community as a balanced response to the competing interests of the ACCC, large and small business and consumer groups
- 27 February 2003
Paper: Insights into the ACCC's power to investigate, enforce and prosecuteAAR Senior Associate Kon Stellios and Lawyer Jeremy Chase look at some restrictions on the ACCC's power to investigate and enforce the Trade Practices Act
- 27 February 2003
Paper: Advertising, Selling and MarketingAAR Senior Associate Emma Marsh and Lawyers Rachel Nemes and Jennifer Neale discuss the consumer protection provisions of the TPA in so far as they relate to advertising, selling and marketing
- 27 February 2003
Paper: Anti-competitive arrangements or understandings: do you have a deal?Partner Carolyn Oddie and Lawyer Leah McKeown look at recent developments in the areas of exclusionary provisions, price fixing, anti-competitive arrangements or understandings and full or third line forcing and highlight the key issues for commercial parties entering into joint ventures or competitor collaborations
- 27 February 2003
Paper: Misuse of Market Power and Unconscionable ConductPartner Fiona Crosbie and Lawyer Bashi Kumar look at the circumstances in which a company will misuse either its market power in contravention of section 46 of the Trade Practices Act 1974 or its superior bargaining power in contravention of the unconscionable conduct provisions
- 27 February 2003
Paper: Mergers and Acquisitions Under s. 50 of the Trade Practices Act 1974 (Cth)AAR Partner Louise Benjamin and Senior Associate Jacqueline Downes discuss the merger provisions of the TPA and, in particular, the informal clearance and authorisation processes and recent ACCC trends in assessing mergers.
- 10 February 2003
Boral High Court decisionIn a landmark judgment handed down on 7 February 2003, the High Court of Australia held that building and construction materials supplier Boral had not contravened the Trade Practices Act in relation to the Act's misuse of market power provisions. Partner Carolyn Oddie and Senior Associate Sabiene Heindl report
- 15 November 2002
Focus: Competition LawThe High Court has now confirmed that the ACCC cannot require clients to hand over their confidential legal advices. Partner Fiona Crosbie and Lawyer Bashi Kumar report
