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.
- 01 December 2011
Client Update: ACCC loses Metcash appealThe Full Federal Court has dismissed all grounds of the Australian Competition and Consumer Commission's appeal in the Metcash case. Partner Jacqueline Downes and Lawyer Nicholas Mendoza-Jones report
- 25 August 2011
Focus: The Metcash decisionIn its eagerly awaited decision, the Federal Court has dismissed the ACCC's attempt to block Metcash from acquiring Franklins. Partners Fiona Crosbie , David Brewster and Lawyer Sally Keenan report
- 15 July 2011
Client Update: ACCC to police carbon taxAs part of the Federal Government's announcement this week to introduce a carbon pricing scheme (commonly referred to as a 'carbon tax'), a new dedicated 20-person ACCC team will be formed to investigate false and misleading claims by businesses in relation to the impact of the tax on their prices. Partners Fiona Crosbie and David Brewster look at the competition risks for businesses
- 13 July 2011
Focus: Is apportionment relevant to claims for compensation for misleading or deceptive conduct?A recent full Federal Court decision gives guidance on whether the apportionment regime applying to claims for damages for misleading or deceptive conduct under section 82 of the Trade Practices Act 1974 (Cth) is relevant to claims under s87 for compensation. Partner Brian Millar and Senior Associate Matthew Senescall report on the decision, and consider the implications for parties considering bringing or defending such claims under the TPA and the recently enacted Competition and Consumer Act 2010 (Cth) and Australian Consumer Law
- 08 July 2011
Client Update: Price signalling prohibitions one step closer to becoming lawFollowing lengthy consideration, the House of Representatives yesterday passed the government's proposed price signalling laws. The good news for business is that the scope of the prohibition against private disclosures of pricing information has been significantly reduced with the last-minute inclusion of an 'ordinary course of business' exception. Partners David Brewster and Fiona Crosbie look at the implications of the new law
- 07 July 2011
Audio: Optus fined $5.26 million for misleading advertisingThe Federal Court has handed down a record penalty for misleading advertising. David Brewster speaks to Boardroom Radio about the court's reasoning and the implications for business
- 17 May 2011
Focus: New Indian merger laws - implications for Australian businessesThe Competition Commission of India this week issued the final version of its merger regulations, which are likely to have significant consequences for mergers and acquisitions involving companies with operations or assets in India. Partners David Brewster and Fiona Crosbie and Lawyer Timothy Lamb report on this move, which follows the recent announcement by the Government of India that will bring into force the merger control regime contained in the Indian Competition Act 2002 with effect from 1 June 2011
- 16 May 2011
Focus: Full Federal Court decision on accessRecently, the Full Federal Court handed down its decision in the Pilbara rail access dispute. The Full Court was reviewing determinations made by the Australian Competition Tribunal last year which considered whether or not Rio's two Pilbara railways should be declared under Part IIIA of the Competition and Consumer Act 2010. (Railways owned by BHP were also considered by the Tribunal, but were not the subject of review by the Full Court). The outcome of the Full Court's decision is that neither of Rio's railways in the Pilbara is declared open for third party access. The Full Court's approach provides a clearer, more certain framework for assessing the application of the Part IIIA access regime to infrastructure. It is also more consistent with the philosophy underpinning Part IIIA and competition regulation in Australia generally. Partner David Brewster and Senior Associate Verity Quinn report
- 04 April 2011
Focus: Navigating the proposed price signalling legislationLast week, the Federal Government introduced into Parliament legislation to prohibit the disclosure of pricing and other information. The proposed law, if enacted, will have wide-reaching consequences. Partners Fiona Crosbie and David Brewster explain
- 24 March 2011
Client Update: Price signalling laws introducedThe Federal Government today introduced into Parliament a Bill to prohibit the disclosure of pricing and other information to competitors. Partners Fiona Crosbie and David Brewster report
- 04 February 2011
Focus: The Australian Consumer Law: what you need to know nowIn 2010, there were a number of changes to the Trade Practices Act 1974 (Cth) as the Australian Consumer Law reforms were progressively implemented. With the final tranche coming into force on 1 January 2011, Partner Wendy Peter and Lawyer Rosannah Healy provide a summary of the key changes
- 20 January 2011
Focus: International cooperation on product safety confirmedThe Australian Competition and Consumer Commission and the US Consumer Product Safety Commission have formalised their intention to engage in greater consultation and information sharing on product safety. Partner Annette Hughes and Lawyer Claire Nicholson look at a Memorandum of Understanding that will have a major impact on risk management for Australian manufacturers and suppliers of consumer goods and services
- 14 December 2010
Audio: Price signalling laws on the horizonAn exposure draft of legislation to introduce a new civil prohibition regarding the exchange of sensitive information between competitors has been released by the Federal Government. Partner David Brewster spoke to Boardroom Radio about the implications of the new legislation
- 13 December 2010
Client Update: Prohibiting price signallingAn exposure draft of legislation to introduce a new civil prohibition regarding the exchange of sensitive information between competitors has been released by the Federal Government. Partner David Brewster looks at the implications of the new legislation.
- 02 December 2010
Client Update: Telecommunications law reform passedThe new telecommunications law reform has passed the Senate, with amendments. The amendments do not change the legislation's essential thrust, but do increase the transparency and oversight of the structural separation process. Partner Ian McGill, Law Graduate Anna Payten and Summer Clerk Lucinda Clarke report on the Senate's changes
- 22 November 2010
Competition & Consumer Law QuarterlyWe look at the ACCC's 'tougher' approach on mergers; the first Public Warning Notice under the new Australian Consumer Law; two important cartel class actions decisions; the record penalty in the Cabcharge case; and some of the consumer reforms of the Australian Consumer Law
- 19 November 2010
Focus: Telecommunications law reform moving forwardNew telecommunications legislation will have a profound impact on the Australian telecommunications industry's structure and regulation, and will also provide more legislative certainty for Telstra in undertaking its structural separation. Our experts from the Communications, Media & Technology and the Competition groups outline the Bill in further detail
- 16 November 2010
Focus: Interaction between product recalls and consumer guarantees under the Australian Consumer LawThe consumer guarantee provisions in the Australian Consumer Law may have serious implications on the product recall regime in the new legislation. In this part of a continuing series of Focus articles on the detail of the Australian Consumer Law, Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Jess O'Brien report on the interaction between the recall provisions and the consumer guarantees
- 11 November 2010
Focus: Breach of third line forcing prohibitionIn a case brought by the Australian Competition & Consumer Commission, the Federal Court has ordered Black and White Cabs Pty Ltd to pay a penalty of $110,000 as a result of an arrangement that contravened the third line forcing provisions of the Trade Practices Act 1974 (Cth). Partner David Brewster and Lawyer Jess O'Brien report
- 29 September 2010
Focus: Cabcharge receives record fine for misusing its market powerThe Federal Court has imposed the highest ever penalty for misuse of market power, after Cabcharge Australia Ltd settled with the Australian Competition and Consumer Commission and was fined $14 million for contravening section 46 of the Trade Practices Act. Partner Kon Stellios, Senior Associate Helen Anness and Lawyer Jess O'Brien report
- 29 September 2010
Audio: ACCC targets unfair terms in car hire, telco & airline contractsThe Australian Competition and Consumer Commission has announced that it will target the telecommunications, airline and car rental industries over their customer contracts. Partner Jacqueline Downes speaks to Boardroom Radio about the ACCC campaign and what the implications are for businesses following recent changes to federal consumer protection laws
- 09 September 2010
Focus: Personal property security reforms and the manufacturing and retail industriesThe far-reaching Personal Property Securities Act 2009 (Cth)is due to come into force in May 2011 and businesses operating in the manufacturing and retail sectors will be affected. It covers a wide range of transactions, not just security interests. It is not just limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. Partner Diccon Loxton reports on how the changes will affect the manufacturing and retail industries
- 08 September 2010
Focus: Fines for anti-competitive bundling practicesThe Full Federal Court has handed down fines of nearly five million dollars for breaches of sections 46 and 47 of the Trade Practices Act 1974 in a long-runningaction by the Australian Competition and Consumer Commission. Partner Jacqueline Downes and Lawyer Rachel Chua report.
- 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
