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Competition news
Insight 19 Jul 2017

In Touch looks at what's been happening in Competition this month and what it means for your business ...

Excessive payment surcharging reforms
Insight 11 Jul 2017

As of 1 September 2017 merchants will be prohibited from charging excessive payment surcharges for certain payment methods Under the new rules businesses can only pass on to customers what it costs them to process a payment The Allens Competition team have put together a brief overview of the ...

Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
Insight 11 Dec 2017

The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...

ACCC wants changes to the National Electricity Market
Insight 07 Aug 2018

The ACCC recommends changes be made to the structure of ownership of generation assets and incentives in place regarding bidding and generation investment We examine the operation of the National Electricity Market why the ACCC is concerned about market concentration and their recommendations for ...

Clarity on what constitutes a misleading consumer guarantee representation
Insight 04 Jul 2018

A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...

Misuse of market power - Court rejects ACCC allegations against Pfizer
Insight 25 May 2018

The full federal court have ruled in favour of Pfizer against the ACCC alleging that Pfizer used its market power for an anti-competitive purpose (s 46) and engaged in exclusive dealing conduct for the purpose of substantially lessening competition in the atorvastatin market (s 47). ...

House of Representatives passes misuse of market power Bill
Insight 29 Mar 2017

The House of Representatives yesterday passed the Governments Bill to broaden the misuse of market power prohibition and the Bill will be introduced to the Senate shortly The Bill as passed removes the mandatory factors the courts would have had to consider in determining whether conduct was ...

Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Car rental agreement crashes out under the unfair contract terms regime
Insight 27 Apr 2016

In proceedings brought by the ACCC the Federal Court declared a number of terms in Europcar Australias 2013 standard rental agreement to be unfair and therefore void ...

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