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In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

Lime shines light on product safety representations and product recalls
Insight 24 Jun 2020

The ACCC's action against Lime demonstrates that businesses must carefully consider what actions may constitute a 'recall', particularly where electronic products are supplied. It also serves as a reminder that product safety issues can be regarded as a breach of the Australian Consumer Law and can give rise to pecuniary penalties. ...

Product safety priorities — the ACCC's focus for 2020
Insight 30 Mar 2020

The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

Contract law update 2019
Insight 26 Mar 2020

The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...

ACCC conditional interim authorisations
Insight 11 Jun 2020

Since 20 March 2020, the ACCC has granted a number of urgent interim authorisations across a range of industries allowing businesses to collaborate in response to COVID-19. ...

Productivity Commission report on resources sector regulation
Insight 11 Jun 2020

On 24 March 2020, the Productivity Commission released its draft report on resources sector regulation. ...

Greenhouse gas reforms under the Offshore Petroleum and Greenhouse Gas Storage Act
Insight 11 Jun 2020

On 28 April 2020, a number of amendments to the OPGGSA and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 (Cth) (Levies Act) came into force. ...

WA: North West Shelf State Agreement extended for 25 years
Insight 11 Jun 2020

The most significant impact of the Act is to extend the term of the State Agreement by a further 25 years from 31 December 2034 to 31 December 2059. ...

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